Parents and community organizations protested the ruling in front of the Buenos Aires Legislature.
A draft request for the impeachment of four members of the Buenos Aires Superior Court of Justice (TSJ) was presented this Monday with the signatures of 20 legislators from the Frente de Todos and the Frente de Izquierda, in reaction to a ruling that determined that there is no State obligation to offer school vacancies to girls and boys between 45 days and 3 years of age.
The resolution, to which Télam had access, promotes the beginning “of the procedure foreseen in articles 92 to 94 of the Constitution of the Autonomous City of Buenos Aires” that contemplates the impeachment of officials by the Legislature and covers the members of the highest court.
It provides that the process must “establish whether the judges of the Superior Court of Justice Marcela De Langhe, Inés M. Weinberg de Roca, Santiago Otamendi and Francisco Lozano have incurred in any of the causes provided” in the Buenos Aires Magna Carta, such as poor performance or commission of crime in the exercise of their functions.
“We request that the mechanisms be activated that will help to elucidate the correct procedure of the judges who based the lack of understanding of the Government of the City of the duty to guarantee a fundamental right, such as the right to education,” indicates the text written by the deputies of the opponent’s arc.
Specifically, the ruling of the highest court gave rise to an appeal of unconstitutionality by the City Government, before the lawsuit filed in 2017 by the mother of a two-year-old boy who asked that her son be guaranteed a vacancy in a kindergarten. infants.
Community referents described the ruling as “a cut in education.”
In the resolution, the four judges considered that there is no obligation of the local State to offer vacancies to all girls and boys between 45 days and 3 years of age that enables prioritization criteria based on the economic capacity of families.
In this regard, the deputies evaluated that “the four judges of the Superior Court of Justice expressed in their vote that in the ages in which education is not established as compulsory, as established by the City and national legislation, there is no Obligation and responsibility of the Buenos Aires government to offer and guarantee vacancies “.
“This puts the universal right to education in tension with the obligation,” they added, and pointed out that “with this ruling, prioritization criteria based on the economic capacity of families are endorsed, limiting the full exercise of the right.”
To advance in the treatment of the file presented in the Legislature, it must be debated in the Constitutional Affairs Committee, from where it may be turned to the session site for debate and possible approval.
This could occur as of March 1, March 2021, when parliamentary activity is resumed, and will require at least 40 affirmative votes, of the 60 that make up the chamber.