The Right to Education of the Migrant Population in Latin America: A Comparative Analysis of Normative Frameworks and Institutional Mechanisms

Abstract

The recent intensification of human mobility in Latin America has posed new challenges for the region's education systems, particularly regarding access to and retention in school for children and adolescents from other countries. Although the right to education is widely recognized in constitutions and education laws, its effective implementation often depends on institutional mechanisms capable of responding to transnational educational trajectories and school contexts characterized by greater cultural and linguistic diversity. In this context, this study comparatively analyzes the regulatory frameworks governing the right to education for migrant populations in five Latin American countries: Mexico, Brazil, Colombia, Chile, and Argentina. The research was conducted using a qualitative documentary approach based on the analysis of national constitutions, education laws, migration legislation, administrative resolutions, and pedagogical guidance documents issued by educational authorities. Based on a review of these instruments, a comparative table was developed to identify constitutional provisions, legal principles of equal access, administrative enrollment mechanisms, and pedagogical strategies aimed at facilitating the school integration of migrant students. The results show that, although the five countries legally recognize the right to education, its implementation relies on the coordination between general regulations, administrative procedures, and pedagogical guidelines designed to support access to and retention in schools in contexts of human mobility.