La reparación del daño antijurídico en la prestación del servicio público de la educación

Abstract

In accordance with the Constitution, education has the double character of a fundamental right and a public service. Nevertheless, there are a variety of cases in which the administration has caused damage to this fundamental right, either by deficient provision of services, or by providing none at all. What is certain is that there has been damage done to a fundamental right of minor. This has been stated by the Constitntional Court in its jurisprudence, in trusteeship actions that, on multiple occasions, has been resorted to for the protection of this right.But, although the right to the education has been protected, this alone does not declare, the responsibility of the administration. In order to declare such responsibility, in compliance with Article 90 of the Constitution, it is precise to respond to the following questions: in such cases there was illegal damage? How do we determine the damage? Are the damages imputable to the administration? If it is imputable to the administration, how do we request his repair?. It is the intent of this article to provide answers to these questions.