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El Salvador: Whether a parent of a child, 18 years or older, can file a lawsuit against a school (pertaining to alleged improper activities by the school against the child) if the parent is paying for the adult child's studies; whether the parent has legal standing to initiate an action in court regarding not only financial improprieties by the school but also ill-treatment (physical assault) of the adult child (2003-2005)

Most of the following information was provided by an official from the legal area (Asesoría Legal) of the Salvadorian Ministry of Education's Higher Education National Directorate (Dirección Nacional de Educación Superior) (20 Jan. 2006; El Salvador 24 Jan. 2006). The representative indicated that anyone can make a report if they witness an infraction (un agravio) occurring in a school (ibid. 20 Jan. 2006). The father of a child over 18 years old of age can make such a report in front of the Ministry of Education, which in turn [translation] "has to open a legal inquiry" (ibid.).

According to the representative from the Higher Education National Directorate, practice has established the right for a father or any other person with an interest in a specific case to make a report on an infraction against a student (ibid. 24 Jan. 2006).

The representative added that technical colleges as well as universities are part of the definition of "higher education" and are also covered in the Ley de Educación Superior (ibid. 20 Jan. 2006). For high schools, similar measures from the Ley de Educación General apply (ibid.).

As well, if what is reported constitutes a crime, the witness can go to the Fiscalía General de la República to lodge a lawsuit (ibid.).

Article 57 of the Ley de Educación Superior of 14 October 2004 provides the following details on the process of reporting an infraction [translation from Public Works and Government Services Canada]:

PUNISHMENT FOR VIOLATIONS

Article 57 – Anyone who is the victim of a violation of a provision of this Act or its Regulations by an institution of higher learning may file a complaint with the Ministry of Education.

Within three days the Ministry of Education shall hear the institution that is the object of the complaint. If that institution denies the charges, the Ministry will give both parties eight working days in which to submit evidence in support of their claims.

At the end of this period, the Ministry of Education shall render a decision on the basis of the evidence it obtains.

If the Ministry of Education finds that the complainant's allegations are justified, it shall order the institution to make restitution for the damages suffered by the student. It shall also impose on each of its responsible managers a fine equivalent to one to thirty monthly minimum wages, depending on the gravity of the offense, without precluding any applicable criminal liability (ibid. 14 Oct. 2004).

The Website of the Ministry of Education of El Salvador provides details on how a report is received and evaluated by the ministry (ibid. n.d.). A maximum of 90 days is allotted for this step, in which the circumstances pertinent to the report are studied (ibid.). Those submitting reports to the Ministry of Education are the students themselves or the general public (ibid.).

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim for refugee protection. Please find below the list of additional sources consulted in researching this Information Request.

References

El Salvador. 24 January 2006. Ministry of Education. Written communication received from an official.
_____. 20 January 2006. Ministry of Education. Telephone interview with an official.
_____. 14 October 2004. Ley de Educación Superior. Sent electronically to the Research Directorate by an official of the Ministry of Education.
_____. N.d. Ministerio de Educación. "Servicios de Gobierno: Recepción de Denuncias." <http://www.mined.gob.sv/comunidad_mined/tramites/superior/trsup009.asp> [Accessed 17 Jan. 2006]

Additional Sources Consulted

Internet sites, including: Factiva, Fiscalía General de la República El Salvador, Organización de Estados Iberoamericanos para la Educación, la Ciencia y la Cultura (OEI), Universidad Centroamericana José Simeón Cañas.