The present paper justifies the existence of a fundamental right to an education that addresses and seeks to eradicate discrimination based on sexual orientation. To this end, the justification relies on the text of the Constitution, judicial precedents, and moral reasons. Specifically, the hypothesis is based on the right to equality and the right to education, widely recognized by the constitutional practice. Thereafter, the means of implementation for the said right are presented. Finally, the argument is confronted with the critics related to the power of the parents to guide the education of their children, which is based on the principles of pluralism and state neutrality.

El problema que este trabajo se planteó fue determinar si la educación inclusiva, y en particular un currículo contra la discriminación por orientación sexual, puede ser dejada en manos de la mayoría; es decir, si puede justificarse un mandato fundamental del Estado. La hipótesis que se propuso fue que sí es posible justificar un mandato fundamental del Estado para implementar un Currículo Educativo Nacional que incluya transversalmente temática sobre diversidad sexual orientada a erradicar la discriminación por orientación sexual en y desde la escuela.

The present paper justifies the existence of a fundamental right to an education that addresses and seeks to eradicate discrimination based on sexual orientation. To this end, the justification relies on the text of the Constitution, judicial precedents, and moral reasons. Specifically, the hypothesis is based on the right to equality and the right to education, widely recognized by the constitutional practice. Thereafter, the means of implementation for the said right are presented. Finally, the argument is confronted with the critics related to the power of the parents to guide the education of their children, which is based on the principles of pluralism and state neutrality.

The present paper justifies the existence of a fundamental right to an education that addresses and seeks to eradicate discrimination based on sexual orientation. To this end, the justification relies on the text of the Constitution, judicial precedents, and moral reasons. Specifically, the hypothesis is based on the right to equality and the right to education, widely recognized by the constitutional practice. Thereafter, the means of implementation for the said right are presented. Finally, the argument is confronted with the critics related to the power of the parents to guide the education of their children, which is based on the principles of pluralism and state neutrality.