Fallos de la Corte Constitucional en relación con la Aplicación del Art. 16 de la Constitución Política de Colombia en los manuales de convivencia escolar. Periodo. 1992- 2017

Abstract

The following work presents an approximation to the jurisprudential analysis of the decisions made by the Constitutional Court during the period of 1992-2017, in relation to Article 16 of the Political Constitution of Colombia and how the educational institutions of Basic and Middle Education in the country, through its manuals of school coexistence and the different norms, regulations and prohibitions instituted in the educational centers, apply this article, which establishes that: “All persons have the right to the free development of their personality without more limitations than that impose the rights of others and the legal order ”. (Article 16. Political Constitution of Colombia. 1991). Therefore, a description will also be made of the different sentences issued by the Constitutional Court, in relation to the prohibitions made by educational institutions through their school coexistence manuals and the right to free development of student personality . Result of an exhaustive review where 24 sentences were found, through the tables of approximation to jurisprudential analysis, taken and made according to the parameters established by the Faculty of Law of the University of Los Andes, in addition to the summary table of them with their respective explanation, will show the decisions of the Constitutional Court in relation to the application of Article 16 (free development of personality) that has our National Constitution, which in turn can also see the legal and constitutional minimums that must have all norms that are established in the schools, since it contains the different pronouncements of the Court in this regard, because in this work the legal parameters that the coexistence manuals must have for the construction of its norms will be shown, all from an approach to jurisprudential analysis.