Document Type
Brief
Case Name
Sandoval v. Universidad Nacional de Colombia
Publication Date
4-25-2023
Abstract
No. T9117732
Sandoval v. Universidad Nacional de Colombia
This Amicus Brief is presented to this Honorable Constitutional Court by the undersigned so that the considerations and arguments contained therein are helpful in the just resolution of the conflict submitted to your knowledge and that, for purposes of clarity, are structured as follows:
(These statements are followed by the Table of Contents)
From the Argument
Non-discrimination on religious grounds in education is expressly prohibited in international human rights treaties, whether regional or universal. Moreover, many of them are ratified by Colombia and therefore impose international obligations of direct and immediate effect, not subject to progressive implementation. But, in addition, and applying Article 93 of the Colombian Constitution, this Honorable Court has held that the human rights contained in international treaties are part of the block of constitutionality and therefore represent an international and domestic obligation simultaneously.12
Recommended Citation
Barclay, Stephanie; Garnett, Nicole; Desierto, Diane; Garnett, Richard; Meiser, John; and Barrera-Rojas, Jorge, "Amicus Curiae" (2023). Court Briefs. 52.
https://scholarship.law.nd.edu/sct_briefs/52
Included in
Courts Commons, Education Law Commons, International Law Commons
Comments
The Notre Dame Law School Religious Liberty Clinic (hereafter, "RLC") advocates for the right of all people to exercise, express, and live according to their religious beliefs and defends individuals and organizations of all faith traditions against interference with these vital liberties.
In this line, the RLC seeks to ensure that government actors, such as the National University of Colombia, do not silence or penalize religious expression nor discriminate against their students or the organizations they constitute in the educational context.
Authorities include:
Barrera-Rojas, Jorge, Educational Adequacy: Balancing the Right to Education, Parents' Rights, and Educational Freedoms under the International Covenant of Economic, Social and Cultural Rights (February 6, 2023). George Washington International Law Review, Forthcoming, available in SSRN: https://ssrn.com/abstract=4350256