La Corte Constitucional colombiana determinó que, de manera excepcional y en ciertas condiciones, se puede suspender la aplicación del requisito de apostilla para convalidar el título de bachiller obtenido en Venezuela, luego de estudiar un recurso interpuesto por representantes de una menor de edad nacida en territorio venezolano contra el Ministerio de Educación neogranadino.
En tal sentido, reseña la web de Tal Cual basada en un reporte del diario La Opinión (de Cúcuta), la Corte determinó que en los casos en los que la exigencia se vuelva inconstitucional, porque viola los derechos del migrante, se deberá aceptar el documento sin previa apostilla.
Esta determinación la tomó la Corte luego de darle la razón a la demandante, que argumentó que el Ministerio de Educación le exigía apostillar el título de bachiller ante las autoridades de Venezuela, como requisito previo para convalidar su diploma en Colombia.
Imposible regresar a Venezuela
La joven afirmó que para ella era imposible apostillar el diploma para convalidar su título académico, por carecer de los recursos económicos para regresar a Venezuela a realizar el trámite. En este particular, recordó que las autoridades venezolanas en Colombia no tienen representación diplomática o consular.
La respuesta del tribunal constitucional señala textualmente: “La Sala constata que la exigencia del requisito de apostilla para la convalidación del título de bachiller de la accionante implica una afectación desproporcionada de su derecho a la educación, en la medida en que anula su acceso a la educación superior, por cuanto, en atención a las circunstancias particulares de su caso concreto, no puede obtener su título de bachiller en Colombia”.
Por Agencia
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