Reflection on the Right to Equal Education

A growing concern that is worthy of reflection is on the many school policies barring female students who were found pregnant from attending classes, joining graduation and withholding their official school records unless they are married and have shown proof of marriage. This is a clear violation of the civil liberties of students inside the school primarily because our Constitution mandated that every Filipino have right to equal access to education. By this, the constitution do not prohibit the school to come out with policies governing access to education but the interpretation of the constitutional provision on this must err on the right of the students to equal access to education.

Many schools are guilty of violating civil and political rights of students who were pregnant while in school by barring them to further attend their classes on moral grounds. Moral issue is different from the legal right stipulated for in the Philippine constitution and such right place prior precedence over issues of morality when disciplining students who were pregnant. Much more, mandating them to secure a marriage license as a pre-requisite to re-admission to school is a violation of their civil rights. Most of the Catholic schools are guilty of this violation. The Constitution strongly guarantees the civil rights of students from policies of schools in cases of pregnancy.

School policies, while crafted by school administrators to govern actions inside school premises are ideally for the common good, the protection of civil liberties must be upheld. If school policies run contrary to reason and the constitutionally-guaranteed right of access to education, it is illegal and should be appropriately addressed by the school authorities. Policies and regulations while considered to be special laws governing specific actions inside its premises, can not be more than what has been stipulated in the legal framework provided for by the founders of this republic as enshrined in the Malolos Constitution, the Declaration of Independence, the 1935 Philippine constitution, the Commonwealth Acts, the 1975 Constitution, Presidential Decrees and executive issuances, and ultimately, in the 1987 Philippine Constitution. All policies and pronouncements run contrary to the constitution are deemed illegal and unconstitutional.

Reasons of pregnancy should not be made as a basis also for rendering demerits on scholastic records and performance of students in school. Sometimes, adding insult to injury, while the school do not bar the child from attending classes, classroom teachers, claiming moral grounds, will render demerits on scholastic performance due to pregnancy. This is obviously in contradiction to the principle of equal access to education. Many teachers are also guilty of violating the civil liberties of pupils because they unwittingly deduct points or render deduction of grade because they were pregnant while in school. Many teachers too, in administering this sanction believed that they are providing the necessary discipline to the student and give an impression to others that such pregnancy in school is not to be tolerated, thus the deduction. Again, this is against the principle of equal access to education.

Students, like everyone else in this country, have rights and these rights include the right to equal access to education. This is constitutionally-guaranteed and protected solely to promote access to education and to ensure that education serves as a tool to liberate people from ignorance and poverty, for them to be able to contribute responsibly to the attainment of the national goals set forth by the government. Again, the right to equal access to education far exceeds the exclusivity of school policies barring them to attend classes, join graduation and withholding their school papers and credentials by virtue of the unfortunate circumstance that the student is in as a result of her pregnancy. This right is inherently protected in the constitution and affirmed by many cases decided by the Supreme Court, in favor on the student’s right to access to education.