La exigibilidad del derecho a la educación a partir del diseño y la ejecución de las políticas públicas educativas

Abstract

The tensions between Jurists and economists are well known in regard to the issue of enforcing economic, social and cultural rights. While for most orthodox economists, social rights are simple declarations, for the most progressive jurists, social rights, as with civil and political rights, are fully enforceable though judicial and non judicial mechanisms. In the matter of non judicial mechanisms, public policies have a special place. Within this framework, this essay draws attention to the necessity of designing and implementing education policies based on the content of the right to education and the State’s constitutional and international state obligations in this regard. This article has been structured into three parts: (i) reflections that demonstrate the wide gap between education policies and educational rights; (ii) a summary of fundamental educational rights and State obligations; and (iii) a presentation of a group of benchmarks that will allow policies to be evaluated in terms of the respect, defence and guarantee of educational rights.