Libre desarrollo de la personalidad: ¿Batalla perdida o lucha incansable?
This article analyzes the jurisprudence of the Constitutional Court, around the doctrine created regarding the protection and scope of the right to free development of the personality, this when the educational institutions impose the students to get a haircut as a requirement to enter the classroom...
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| Format: | Article |
| Language: | Spanish |
| Published: |
2016
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| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=6713573 |
| Source: | Academia & Derecho, ISSN 2539-4983, Nº. 12, 2016, pags. 123-146 |
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| Summary: |
This article analyzes the jurisprudence of the Constitutional Court, around the doctrine created regarding the protection and scope of the right to free development of the personality, this when the educational institutions impose the students to get a haircut as a requirement to enter the classroom. The hypothesis is that this action of educational institutions, constitutes a clear violation of the aforementioned fundamental right. First, a jurisprudential line is constructed that involves as a factual situation the position of male students, who, because of their haircuts, are ordered by their respective schools to carry them as established in the coexistence manual; The different positions adopted by the Constitutional Court in its exercise of granting scope to the rights enshrined in the Political Constitution, especially; Free development of personality. Finally, the constitutional balance established by the Court for the constitutional scenario under investigation is determined. |
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