The right to education in the recommendations of the National Human Rights Commission

Abstract

This article argues that the constitutional reform published in the Official Gazette of the Federation on June 10, 2011, marked a before and after in the defense of the right to education through non-jurisdictional protection mechanisms, since in the approach with which the National Human Rights Commission (NHRC) dealt with the alleged violations of economic, social and cultural rights, permeated, from that moment on, a completely different vision of the way in which the protection of human rights should be understood in the country. To do this, based on a documentary analysis, it is described the treatment that the NHRC has given to complaints related to the right to education before and after the reform to determine if the way in which the Commission dealt with complaints related to the right to education has changed. Based on this analysis, it is argued that it is necessary to establish certain guidelines for the study of complaints filed with the NHRC to make the non-jurisdictional defense of this right more effective.