The right to educate and to be educated: limits and ten- sions between religious freedom and sex education in the Colombian state

Authors

Abstract

This article analyzes the limits and scope of parents’ right to choose their children’s religious education in Colombia, especially when it conflicts with mandatory sex edu- cation curriculum content. Based on normative, doctrinal, and jurisprudential study, it examines how religious freedom and the right to education interact in a constitutional and international context that recognizes the primacy of the family’s formative role. There is evidence of growing state intervention which, by imposing ideological guidelines on sex education, may violate fundamental rights and restrict cultural and religious diversity. The paper concludes that the state must act in a subsidiary and neutral manner, guaranteeing an education that respects family beliefs, promoting alternatives, and avoiding ideological uniformity among minors. Only in this way is it possible to harmonize sex education with religious freedom in a truly pluralistic environment.

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Author Biographies

Andrés Felipe López Latorre, University of La Sabana

Doctor of Juridical Science (J.S.D.) from the University of Notre Dame (USA), Master of Laws (LL.M.) in International Law from Georgetown University, specialist in Administrative Law and lawyer from the University of Rosario. He is a professor and researcher at the Faculty of Law and Political Science at the University of La Sabana, where he directs the Business and Human Rights Legal Clinic. His areas of research include international human rights law, business and human rights, religious freedom, and the philosophical foundations of international law. He has published books and articles in national and international academic journals, including on religious freedom and education, the inter-American human rights system, business and human rights, and international law. He is a consultant on human rights issues to the Colombian Ministry of Foreign Affairs, members of Congress, and private companies. He has been recognized for his teaching and research work and participates in academic networks such as the Colombian Academy of International Law and the International Consortium for Law and Religion Studies (ICLARS). He is a frequent speaker at national and international academic events.

Luis Eduardo Gutiérrez Martínez, University of La Sabana

A student in the Law program at the Faculty of Legal, Political, and International Studies and an economist from the International School of Economic and Administrative Sciences at the University of La Sabana. His academic record includes serving as a teaching assistant for the Department of International Law and as a member of the Economic and Environmental Justice Research Group at the University of La Sabana.

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Published

2026-01-22

Issue

2025: The relationship between family and religious freedom. Outlines and challenges

Section

Research articles

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