transfer from public to private school.14 The constitutional prohibition of diverting public funds to private schools, originating from the separation between the church and the state, has been upheld. Although the voucher scheme did not revolve around secular or religious schools, because private included religious schools, this constitutional ban precluded the spread of voucher schemes. They were also aimed at financially stimulating transfer from public to private schools (thus also transferring tax revenue to private schools) with the aim of increasing choice, against the constitutional requirement for public funds to be used solely for public schools. Controversies relating to vouchers routinely revolve around economic arguments, however, thus departing from the meaning and purpose of the right to education. Within the existing jurisprudence, the Supreme Court of Colombia has ably clarified why education should not be guided by economic arguments alone: [A]though the Constitution protects economic activities, private initiative and competition, as well as recognizing the right of private entities to establish schools, these liberties cannot negate nor can they diminish the nature of education as public service and its social function; education is also and above all else a fundamental right… [E]ducation – even if it is private – has to be provided in the conditions which guarantee equality of 14 Tribunal Supremo de Puerto Rico – Asociación de Maestros v. José Arsenio Torres, 30 de noviembre de 1994, 94 DTS 12:34. 22 Right to Education Primers No. 3 opportunity in access to education; all forms of discrimination and ‘elitism’ are thus repugnant to its nature of public service with profound social contents; these, by virtue of excessive economic demands, automatically deny access to intellectually able persons solely because [of ] their levels of income.15 All aspects of public funding for private schools have been litigated vigorously, domestically and internationally, so as to define individual rights and the corresponding governmental obligations. Much international jurisprudence has originated from demands upon states to finance alternatives to uniform public schooling. The jurisprudence focusing on public funding to facilitate the exercise of freedom to establish and operate schools guaranteed under international human rights law has overcome a boundary between civil and political rights, which are often perceived as being costless, and economic, social and cultural rights, viewed as costly. 15 In the original, the Court has said:’si bien la Constitución protege la actividad económica, la iniciative privada y la libre competencia y reconoce también el derecho de los particulares de fundar centros educativos, tales libertades no pueden anular ni disminuir el carácter de servicio público y de funcón social [atribuido por la Constitución Política a la educación,] que también y sobre todod es un derecho fundamental... [L]a educación – aun la privada – debe prestarse en condiciones tales que garantice la igualdad de oportunidades en el acceso a ella, por lo cual repugna a su sentido de servicio público conprofundo contenido social cualquier forma de trato discriminario o ‘elitista’ que, en virtud de un exagerado requerimiento económico, excluya per se a personas intelectualmente capaces [por el] suyo nivel de ingresos.’ Supreme Court of Colombia – Request to determine that Article 203 (in part) of the Law No. 115 of 1994 is unconstitutional by Andres De Zubiria Samper, Judgment of 6 November 1997, C-560/97.