2023-09-07 22:38:44
Opinion approved by the plenary session of Congress contravenes constitutional principles and uniform jurisprudence of the Constitutional Court.
The Ombudsman’s Office reiterated its institutional position on unrestricted respect for compliance with the principle of merit and capacity, through public competition, to access the public teaching career within the framework of the policy of development and professionalization of teachers in our country.
Along these lines, the institution recommends to the Congress of the Republic that the reconsiderations proposed to the opinion, approved in plenary session on August 31, be evaluated in light of the arguments presented by our institution. The aforementioned ruling facilitates entry into the public teaching career and teaching service for interim professors who were separated by General Secretariat Resolution No. 2074-2014-MINEDU.
Through the document reached to the president of the Legislature, Alejandro Soto, the ombudsman, Josué Gutiérrez, stated that the aforementioned legislative initiative violates the fundamental right to quality education, expressly contravenes the jurisprudence of the Constitutional Court (TC).
“It should be noted that access to non-representative public service is governed by the principle of access by merit through opposition. In the constitutional rule of law, as the Peruvian State is configured, it is the basic principle that must govern the regulation of the conditions of access to public service,” said Gutiérrez Cóndor.
He noted that the highest interpreter of the supreme norm has specified in his jurisprudence that the establishment of objective criteria, such as those referring to personal merit and professional capacity, for entry and permanence in teaching activity, contributes directly to the suitability of the teachers and contributes to the improvement of educational quality.
In this line of thought, it is worrying that the opinion proposes modifying Law No. 29944, Teaching Reform Law, to include in the teaching career interim teachers who have obtained their professional title between November 26, 2012 and November 25. November 2014 and who, in addition, prove that they have served as contracted teachers for 30 or more months continuously or interruptedly upon the entry into force of said provision. “That is, this rule establishes direct access to the career and teaching function without a public competition of merits, which is not allowed in our constitutional system,” said the ombudsman.
Likewise, the head of the institution highlighted in his communication the relevance of the path initiated by the Peruvian State to be a member of the Organization for Economic Cooperation and Development (OECD), which plays an influential role in the improvement of educational systems. and in promoting policies that can contribute to guaranteeing access to quality education in its member countries and throughout the world. The OECD establishes rigorous requirements for a country to become a member, and one of the key aspects is the strengthening of educational policies that promote quality and efficiency in education.
For this reason, Gutiérrez expressed that “it would be incoherent that, on the path initiated for our country to become a member of the OECD, the State approves a law that, in accordance with the foundations developed in this document, constitutes an impact on the fundamental right to quality education, in addition to a distortion of the teacher development policy”
He also expressed his concern about the existence of approximately more than 15 bills that include within their provisions potential effects on the principle of merit and capacity within the framework of the public teaching career, a situation that, we reiterate, contravenes the right to receive quality education, as well as a failure by the State to comply with its obligation to respect said right.
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