Education in the new constitution and the crystallization of social demands: New challenges for advancing dignity

By Fabian Cabaluz and David Miranda ¹

Given the emerging scenario of constitutional change, undoubtedly a historic dilemma for the future of social struggles in Chile, we consider it necessary to address how the proposal tackles educational issues, and therefore, how the State responds to the historical demands expressed by educational movements in recent decades.

In this article, we wish to highlight the following key aspects of the proposed constitution. As preliminary considerations, we believe it is highly relevant to point out that the text can hardly be compared to the constitution drafted by the dictatorship and updated by the Concertación, as it far surpasses it, incorporating themes and problems entirely absent from the current constitution. In this regard, it is worth noting that the proposal contains significant educational reforms, allowing progress toward shaping an education conceived from the affirmation of social, community, and ecological life, avoiding the replication of the narrow educational boundaries characteristic of models from the last century. At the same time, it expands the educational field to encompass different spheres of society, considered pertinent to current problems at the local, national, and, indeed, global levels. Most importantly, we are faced with a constitutional proposal that presents substantial advances in strengthening public education as an essential tool for building citizenship, without neglecting private initiative or the right to free choice, as some would have the general population believe.

To support these claims, we propose two lines of analysis: the first (I) focused on how the proposed new constitution contributes to establishing a predominantly public education system, addressing demands historically raised by social, student, and teacher organizations; and the second (II), which refers to how education is understood in broad and permanent terms, thus overcoming limited and restricted perspectives that failed to account for the complexity of the educational field.

I
The proposed constitution introduces significant transformations regarding the role of the State, fostering a shift from a subsidiary state model to a social, plurinational state that guarantees rights. In this transformation, education emerges as an unavoidable responsibility of the State, expressed, for example, in the principle of basic funding for public education institutions. This progress is the result of a demand raised by student and teacher organizations for decades, which called for moving beyond the logic of subsidy and breaking with the demand-side funding model. Specifically, in the proposed new Constitution, Article 35 states, “Every person has the right to education. Education is a primary and unavoidable duty of the State.” It states unequivocally: all people have this right. Furthermore, the phrase “education is a primary and unavoidable duty of the State” is qualified in a way that is consistent with social demands.

More importantly, Article 36.7 expressly states: “Public education constitutes the strategic axis of the National Education System. Its expansion and strengthening is a primary duty of the State, for which it will articulate, manage, and finance a secular and free Public Education System, composed of state establishments and institutions at all levels and educational modalities.” In other words, under this model, the education system will focus on public education, proposing a very different conception from what we have today, where the private sector plays a predominant role and public education has to compete asymmetrically with private education at different levels, from preschool to higher education.

On the other hand, the proposed constitution establishes several wonderful principles that shape and underpin the education system. Among these are cooperation, non-discrimination, inclusion, justice, solidarity, interculturalism, a gender perspective, pluralism, non-sexist education, respect for human rights, social justice, and the common good, among others. All of these principles allow us to address another point historically raised by teachers' organizations: the necessary and urgent questioning of managerial and accountability logics. These logics, along with the "new" waves of (endogenous) privatization, have deeply permeated the dominant logics of the education system, creating a disconnect with its central stakeholders: students and their families. In other words, the incorporation of these new educational principles, elevated to constitutional status, allows us to challenge and advance the neoliberal logics that have deepened social and sociocultural inequalities in our country.

The aforementioned principles are not mere abstractions, but rather are intertwined with the understanding of the notion of “quality” in education, which, according to the new constitutional proposal, will be “understood as the fulfillment of the established aims and principles of education” (Art. 35.5). In this sense, and considering that social processes are dynamic, gradual, and ongoing, from our perspective, the principles that structure the educational system allow us to outline new public policy agendas, as well as mobilization strategies for the coming years, as essential elements for bringing about these changes. These changes will undoubtedly constitute a new arena for the construction of the social fabric, although this time, without the so-called “constitutional lock” imposed by the dictatorship.

Additionally, we believe it is important to highlight the discussion surrounding freedom of education, the cornerstone upon which the entire private education system in our country has been built. This freedom was conceived, according to Article 11 of the current Constitution, as the right to undertake educational endeavors, that is, to open educational establishments and maintain or carry out private educational projects. Freedom of education was the principle that shaped our current educational system, practically without limitations, until a few years ago (2015-2017), and far too late in relation to the student mobilizations of 2006 and 2011. Based on this issue, an intense debate developed within the framework of the Constitutional Convention regarding whether the new Constitution would truly guarantee freedom of education. And the truth is that Article 41 guarantees freedom of education. However, it redefines it as the “fundamental freedom of parents and guardians to choose the type of education for those in their care, their children or wards, respecting the best interests of the child and their progressive autonomy” (Art. 41:2). Furthermore, it states that teachers and educators will be “holders of academic freedom” (Art. 43:3) in the exercise of their duties, within the framework of the aims and principles of education. This is something that was not previously enshrined in the Constitution, and which so many teachers have defended as one of the fundamental principles for carrying out an educational practice that guarantees values ​​such as justice, democracy, freedom, and pluralism.

To the above, we must add everything related to higher education, where free tuition and the elimination of profit-making are guaranteed. These elements, if the new constitution is approved, would acquire constitutional status, becoming a structural element of the system. Undoubtedly, this is also an institutional response to deeply felt demands from social movements of recent decades, whose progress to date is considered insufficient by many sectors. More precisely, Article 37, paragraph 6, explicitly states: “Higher education studies leading to initial academic degrees and titles will be free in public institutions and in those private institutions determined by law.” This section, in our view, offers an opportunity to move towards a more decisive model of social rights, overcoming the logic of family financing as the cornerstone of neoliberalism in education. It aims to achieve this through processes of decommodifying the educational sphere, making it possible to reduce social inequalities and, in this way, foster the lost social cohesion that has undermined democratic coexistence and the living conditions of millions of people in Chile.

And to conclude this first line of reflection, we believe there is something very important regarding the constitutional recognition of the role of teachers as professionals within the National Education System, as well as that of assistants, traditional educators, and education workers, as key agents in guaranteeing the right to education. The proposal states in Article 43:2: “The State guarantees the development of the pedagogical and educational work of those who work in establishments that receive public funds, including their initial and ongoing training, reflective and collaborative practice, and pedagogical research in relation to the aims and principles, ensuring optimal working conditions and safeguarding their professional autonomy.” Indeed, professional autonomy is one of the key concepts for the teaching profession, since to guarantee this autonomy, it is explicitly stated that “Early childhood, primary, and secondary education workers who work in establishments that receive State resources shall enjoy the same rights that the law provides for their respective function” (Art. 43:3). In other words, if they receive state funding, they will have the same freedoms, guarantees, and rights as any public sector employee. Furthermore, the proposal stipulates that the state will be responsible for their initial and ongoing training, and for providing job security in their professional practice. If we also consider, for example, what the proposed constitution says regarding certain articles that address the right to health and comprehensive well-being, including both physical and mental health—we know that one of the major problems teachers face is related to mental health issues—we believe that the potential for improvement for the teaching profession is significant.

II
A second area of ​​analysis concerns how a broad conception of education is presented in the proposed constitution, or how this notion of lifelong learning, which unfolds in multiple spheres of social life, can be materialized. From our perspective, we believe that this new proposed constitution offers an enriched understanding of the state's duties and principles, with new principles incorporated on topics particularly related to gender, interculturality, nature, labor, democracy, and human rights. Let us examine some of these topics in detail.

A first topic is associated with the gender perspective, a cross-cutting element in the new constitution, which emerges in the educational sphere strongly linked to the principle of comprehensive sexuality education. This element was strongly demanded primarily by feminist movements and student organizations, but has also been a cross-cutting theme in various social struggles for decades. The proposal states in Article 40, “All persons have the right to receive comprehensive sexuality education that promotes the full and free enjoyment of sexuality, responsibility, affective sexuality, autonomy, self-care, and consent.” This is very important for everyone, as it advances the recognition of diverse transgender identities and expressions of sexuality, so that we can eradicate gender stereotypes and prevent gender-based and sexual violence. If the constitutional proposal is approved, teachers will face enormous challenges regarding their own training; we will have to fulfill a role and a task that is undoubtedly monumental. Likewise, it is equally important that all public officials, including the Armed Forces and Law Enforcement, specifically the Carabineros, incorporate and/or strengthen their gender training. From this perspective, issues of parity and gender-based violence will undoubtedly inform everything from the curriculum to various educational initiatives aimed at the community.

A second topic concerns the enormous challenges posed by interculturality and plurinationality in education. From our perspective, everything the constitutional proposal indicates regarding the political and legal recognition of Indigenous peoples and nations, the recognition of Chile as a multilingual state, legal pluralism, and the recognition and importance of horizontal and transversal dialogue among the diverse worldviews of these peoples and nations, all implies a reflection on intercultural education and the decolonization of the episteme of education. This episteme is incredibly rich, dense, and complex, and of course, entirely relevant to be developed and strengthened. Based on the above, challenges arise related to initial and ongoing teacher training, the necessary and urgent transformations of the national curriculum, the importance of advancing the deconstruction of colonialism (both external and internal), as well as phenomena intrinsic to it, such as Eurocentrism and the epistemicide of ancestral knowledge in the name of modernity. to give greater prominence to the centrality of communities and territories in educational practices with a liberating aim. This may seem like a difficult and arduous path, but it is absolutely empowering for those committed to changing this country from its very roots.

A third major topic concerns the relationship between education and nature. Regarding nature, the proposal states: “People and communities are interdependent with nature,” meaning we depend on nature, and the maintenance of nature depends on us; therefore, we form an inseparable whole with it (Art. 8). This new constitution contains something unprecedented in the country's history, as it establishes that “nature has rights” (Art. 127). Therefore, if nature has rights, “the State has the duty to protect and respect them.” It then states that “the State must adopt an ecologically responsible administration and promote environmental and scientific education through lifelong learning and training processes” (Art. 127, paragraph 2). Everything stated in constitutional terms regarding the right to nature, a healthy environment, the right to clean air (Art. 105), responsible access to nature, environmental and scientific education, the protection of water and natural common goods (Art. 134), the creation of the ombudsman for nature (Art. 148), education based on empathy and respect for animals (Art. 131), all of this, we believe, establishes enormous challenges in terms of the link between education and nature, and must be carried out within the space of formal education, as well as in spaces of non-formal and informal education.

As a fourth topic, we wish to address the relationship between education and work, based on the provisions of the proposed constitution, which recognizes the right to decent work and guarantees health, safety, rest, and leisure time for those who produce the country's wealth. All forms of precarious employment are prohibited (Article 46, paragraph 8), and domestic and care work is recognized (Article 45, paragraph 2). Emphasis is placed on the right to unionize, collective bargaining, and strike, among other elements (Article 47). We want to emphasize that, in all matters related to labor, a number of significant challenges arise when considering educational issues. However, the proposal's provisions regarding the connection between education and work are rather limited, reflecting the neglect of this important debate within our society. From our perspective, the relationship between education and work is a discussion that is not limited to the idea of ​​educating for work, but refers to a fundamental dimension of the production and reproduction of our lives, and this undoubtedly opens up enormous challenges for the educational and pedagogical field.

And finally, as a fifth point, we believe there are important contributions to developing the relationship between education, democracy, and human rights. From our perspective, the constitutional proposal acknowledges that it is not enough to simply criticize the forms that representative democracy takes; it is also essential to promote forms of direct, community-based, and participatory democracy. The proposal points to the existence of multiple ways to exercise democracy: it recognizes participatory and gender-equal democracy, the right to impactful or binding participation in matters of public interest (Art. 152), the existence of different mechanisms for regional direct democracy, and the mechanism of popular legislative initiative (Art. 157). In short, if we consider all these concepts, this entire characterization of democracy and participation, we have a work agenda for political and civic education for a long time to come.

In addition to the points already raised, the proposal significantly emphasizes human rights education, especially regarding the Armed Forces and Law Enforcement, as stated in section 5 of article 299, which reads, “Military education is founded on respect for human rights.” Similarly, there is a very similar provision concerning the police: “Police recruitment and training shall be free and non-discriminatory, establishing police education and training. These are founded on the unrestricted respect for human rights” (Art. 297). All of this is elevated to constitutional status. Undoubtedly, considering human rights education for the Armed Forces and the police at this level is a tremendously significant step forward, especially given the continued perpetration of human rights violations in the territory of Wallmapu, and during the popular uprising that began in October 2019, which, among other processes, led to this constitutional plebiscite. This is important because, while it is clear that human rights are directly linked to the Armed Forces and Law Enforcement, what is the best point of connection for making progress in this area? Education. They must be educated and trained with this focus. Thus, we can understand that education, fundamentally, is being considered in the proposed new constitution as one of the pillars of the new understanding between the Chilean State, its citizens, and the Armed Forces and Law Enforcement.

In closing, and based on the elements shared in this document, we call upon teachers, education professionals and workers, community educators, and the entire population of the territory to go out this coming September 4th, without fear, and vote for the "Approve" option, to advance in the construction of a more democratic, just, and dignified Chile, one that more faithfully and reliably represents the clamor of social movements and their demands, in order to effectively advance in the defense of the social rights of each and every one of us who live in our country.

¹The authors are professors and researchers at the Faculty of Educational Sciences, University of Playa Ancha. Fabián Cabaluz is co-coordinator of the CLACSO Working Group “Popular Education and
critical pedagogies.”

This article was originally published in: http://lemondediplomatique.cl/la-educacion-en-la-nueva-constitucion-y-la-cristalizacion-de-las-demandas.html

---

---