El Disfrute del Derecho a la Educación Formal de los Menores Migrantes Venezolanos en el Sistema Educativo Colombiano

Abstract

This case study focuses on the severe economic crisis that led to the occurrence of the great crisis of a social nature, in the framework of which millions of Venezuelans have chosen to leave their country with Colombia as their main destination.

In the development of the entire migration process, the Venezuelan population encounters multiple challenges related to meeting your basic needs. In the category of basic needs include access to housing, access to services health and social security, access to the labor market, food, education and the rest. In this sense, considering that the migration process has several stages, one of which corresponds to the arrival of the migrants to the receiving country, at the time they this population arrives in Colombia, national institutions are forced to adapt to the demand for attention to the basic needs of these people, without ignoring the fact that they must continue to bear the burden of granting guarantees to Colombian nationals.

Education constitutes a need and a human right whose satisfaction becomes particularly important since it contributes to overcoming problems that, under a human rights perspective, must be resolved regardless of the nationality of the individual, and additionally allows to report benefits in the long term as the promotion of social development. The determination of the existence or not of a The effective guarantee of this right by the recipients responds to objective factors and clearly delimited in General Comment No. 13 of the Authorized Interpreter Committee of the International Covenant on Economic, Social and Cultural Rights.

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Thus, Colombia has sought to adopt response measures that facilitate Venezuelan migrant minors their incorporation into the Colombian educational system, such as as evidenced by the most recent figures from Migración Colombia, according to which by October 31, 2020, they were in Colombian territory approximately 1,717,352 Venezuelan migrants, of which 770,246 were regular and 947,106 irregular, and 24% of this figure corresponded to minors between the ages of 0 and 17 (Migración Colombia, 2020)

However, the foregoing, in the course of adapting Colombian institutions to the increase in educational demand in recent years, and despite showing a clear political will to grant guarantees to this vulnerable population, multiple factors have determined that, in light of the dimensions implemented to calculate the satisfaction of the right to education, Colombia still has a large number of shortcomings that must be attended.