Ultimately, the full realization of the right to education, culture and sport will be fundamental to building a more democratic, inclusive and supportive society.
Article 73 of the Constitution of the Portuguese Republic, included in the chapter dedicated to cultural rights and duties, deals with the **right to culture and education**. The text of this article is as follows:
### Article 73 (Education, culture and sport)
1. Everyone has the right to education and culture.
2. The State promotes the democratization of education and other conditions so that education, carried out through schools and other training methods, contributes to equal opportunities, to overcoming economic, social and cultural inequalities, to the development of personality and to social progress.
3. The State promotes the democratization of culture, encouraging and ensuring access by all citizens to cultural enjoyment and creation, in collaboration with the media, cultural associations and foundations, associations for the defense of cultural heritage, residents' organizations and other cultural agents.
4. Sport is a right for all, and it is the responsibility of the State, in collaboration with schools and sports associations and groups, to promote, encourage, guide and support the practice and dissemination of physical education and sport, as well as to prevent violence in sport.
This article establishes the State's commitment to guarantee access to education, culture and sport, as pillars of social and personal development.
### The importance of Article 73
Article 73 of the Portuguese Constitution plays a fundamental role in building a fairer and more inclusive society, enshrining the right to education, culture and sport. By guaranteeing all citizens access to these three fundamental areas, the State assumes the responsibility of promoting equal opportunities and overcoming social, economic and cultural inequalities. This constitutional provision underlines the importance of investing in democratic education and universal access to culture, recognising them as essential rights for the development of the individual personality and for collective social progress.
### 1. Education as a driver of equality and development
The first point of Article 73 enshrines the right to education, an essential principle for the development of any society. Education is a key factor in promoting equal opportunities, providing all people, regardless of their social or economic background, with the necessary tools to participate actively in society. Without inclusive and accessible education, cycles of poverty and inequality are perpetuated, undermining social cohesion.
The Constitution, by establishing that "everyone has the right to education", highlights that access to education cannot be limited by external factors such as economic status, nationality or gender. This principle ensures that education is universal and inclusive, laying the foundations for a future where opportunities are more equitably distributed. Education is not only a process of acquiring technical knowledge, but also a tool for developing critical thinking, citizenship and the ability to make informed decisions. In this way, the State undertakes to create the conditions for every citizen to fulfil their potential.
The Constitution goes beyond simply guaranteeing access to education, emphasizing that the education system must contribute to equal opportunities and to overcoming social, economic and cultural inequalities. Public education plays a crucial role in this, as it has the mission of providing quality education to all sections of the population, without discrimination. Furthermore, the Portuguese State undertakes to create educational programs that aim to include the most vulnerable groups, providing support and measures that guarantee all citizens the same opportunities for success.
Personality development is another essential element highlighted by Article 73. Education should be seen as a tool not only for technical and scientific training, but also for the development of personal, social and ethical capacities. This holistic view of education promotes respect for human rights and tolerance, fundamental values in a democratic society.
### 2. Democratization of culture and promotion of cultural citizenship
The second major pillar of Article 73 is the right to culture, reflecting the State’s commitment to guaranteeing access to cultural enjoyment and creation for all citizens. Culture plays a central role in building the collective and individual identity of a people. It is through culture that people connect with their roots, understand their history and actively participate in the social and political life of the country. Access to culture should not be a privilege reserved for a few, but rather a universal right that promotes diversity, inclusion and intercultural dialogue.
By stating that "the State shall promote the democratization of culture", the Portuguese Constitution recognizes that access to culture is fundamental to the development of full citizenship. This access implies not only the enjoyment of cultural products, such as books, cinema, theater or art exhibitions, but also the possibility of actively participating in cultural creation. Creating spaces for cultural and artistic expression that are accessible to all is one way of ensuring that culture does not become elitist, but rather an inclusive space where different voices and perspectives are heard.
Culture therefore plays an essential role in promoting social cohesion by fostering respect for diversity and understanding between different social groups. In a context of increasing globalisation, where cultural boundaries are becoming increasingly permeable, it is essential that the State promotes the creation of cultural policies that protect and encourage the country's cultural and artistic heritage, while ensuring dialogue with other cultures. Article 73 of the Constitution is therefore of central importance in promoting a multicultural, open and inclusive society.
Another point of great relevance is the role of the media in the democratization of culture. As disseminators of cultural content, these media have the responsibility of providing access to a diversity of cultural and artistic expressions. The involvement of cultural associations, foundations, neighborhood organizations and other cultural agents is also emphasized, promoting a collaborative approach in the creation and dissemination of culture. Culture is a common good that should be shared and fostered collectively, which strengthens the social fabric and the feeling of belonging to the community.
### 3. Sport as a factor of inclusion and social cohesion
The inclusion of sport in Article 73 is another aspect that deserves to be highlighted. Sport is not just a physical activity, but an important instrument for social inclusion, health promotion and the development of values such as solidarity, respect and teamwork. By stating that "sport is a right for all", the Constitution recognizes the fundamental role that sport plays in the integral development of the individual, by promoting both physical health and emotional well-being.
Sport has the potential to bring people from different social and cultural backgrounds together, acting as a space for meeting and sharing. In Portugal, promoting public policies that encourage the practice of sport in schools and local communities is essential to ensure that sport is truly accessible to all. Furthermore, practicing sport from an early age helps develop important skills, such as discipline, resilience and team spirit, which are useful in many aspects of life.
The State, when promoting sport in collaboration with schools and sports associations, has the responsibility to create adequate infrastructure and to ensure that sporting activities are accessible to all citizens, regardless of their economic conditions. Preventing violence in sport is also a crucial responsibility, and it is essential to create a safe and healthy environment for sporting activities.
### Conclusion
Article 73 of the Constitution of the Portuguese Republic is an essential pillar for the construction of a more just, equitable and inclusive society. By enshrining the rights to education, culture and sport, this article underlines the importance of ensuring that all citizens have the same opportunities to access these areas, which are fundamental for personal and social development. The State’s commitment to promoting the democratisation of education and culture, as well as universal access to sport, is a reflection of the central role that these areas play in promoting equality and social cohesion. Ultimately, the full realisation of the right to education, culture and sport will be fundamental for the construction of a more democratic, inclusive and supportive society.
Eduardo Rui Alves
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