The Administrative Court of Tolima reversed the ruling issued by the 12th Administrative Court of the Ibagué Circuit, which protected the fundamental rights to health and work in decent conditions for teachers affiliated with the Tolima Teachers Union.
Magistrates they declared the tutela action instituted by Simatol against the Municipal Education Secretariat and other entities is inadmissible, whose purpose was to stop the return to educational institutions in the city that do not meet the conditions for attendance.
The magistrates considered that this constitutional mechanism was not adequate in this case, since there is no evidence of an imminent danger that endangers the fundamental rights invoked by the union. (Watch: Simatol files guardianship for return to the schools of Ibagué on July 12)
“It is clarified that the exercise of this protection did not exceed the study of the essential parameters for its viability, since it does not meet the requirements of subsidiarity or the configuration of irremediable damage,” the sentence details.
“There are suitable ordinary mechanisms, such as the means of control of simple nullity or nullity and restoration of the right, depending on the nature of the administrative act that is intended to attack, in order for the contentious-administrative judge to determine the prosperity of the claims invoked by the actor, “he adds.
However, the document urges the Ibagué Secretary of Education to continue to monitor all the schools in the city, in order to verify that they have the appropriate infrastructure, as well as an optimal biosafety scheme that guarantees the protection and self-care of the entire educational community in the return to classes in person. (See: Court transfers responsibility of return to face-to-face classes to the Secretariat of Education of Ibagué)
“The Chamber does not foresee that the right to health and life of teachers, educational directors, administrative personnel or the educational community and parents is being put at risk. In addition to the above, it is necessary to specify that on the part of the Ministry of Health and Social Protection studies were provided that account for the need for presence in the educational environment and the negative impact that a permanent or definitive virtuality entails in this sector “, argues the ruling.
Meanwhile, he mentions that although Simatol contributed photographs and videos of some educational institutions that in his opinion do not comply with the logistical or biosafety conditions for the return to the presence, the truth is that, within the procedural action, There is no evidence that indicates that these educational establishments are providing the education service in person, without having the minimum biosafety schemes.
“The violation of the right to work in dignified, fair and equal conditions is also not proven, as the plaintiff alludes to, taking into account that the guidelines issued by the Municipal Education Secretariat do not warn that they constitute a threat against the stability of the teaching or administrative body of official educational establishments, or that they have been forced to return to educational establishments without having the most minimal elements of biosafety, “the magistrates maintain.