Estándares Constitucionales sobre la prohibición de auto incriminarse en procesos disciplinarios internos de instituciones educativas, según la jurisprudencia de la Corte Constitucional

Abstract

Abstract: Freedom of expression, the presumption of innocence, due process and the prohibition of selfincrimination in educational disciplinary processes are analyzed from a doctrinal, legal and normative perspective, from the study of sentence No. 785-20-JP/22, where a sanction was established for a student without applying the proportionality test, violating the fundamental rights of children and adolescents, from a comparative approach with international decisions, such as advisory opinion OC-17/2002 where the Inter-American Court of Human Rights, where respect and freedom of expression are fundamental in human coexistence, studying different standards that allow regulating educational decisions, in addition, recommendations are included that educational institutions through protocols can ensure respect without violating fundamental rights in the application of sanctions that are proportional, this work allows contributing an understanding of the application of educational sanctions that protect and apply legal guarantees in educational processes, promoting fair decisions.