Protección constitucional de los derechos de los niños en el acceso a la educación inclusiva en el Ecuador

Abstract

Abstract:This paper analyzes the constitutional protection of the right to inclusive education for children in Ecuador. Through a legal approach, it examines the principles of the best interests of the child, equality, and non-discrimination, present in the Constitution and in regulations such as the Organic Law of Intercultural Education (LOEI) and the Children's Code. It also studies the role of the Constitutional Court as guarantor of this right, especially through rulings such as No. 1016-20-JP/21, No. 1497-20-JP/21, No. 2083-15-EP/20, and No. 1351-19-JP/22. The research shows that, although the legal framework is protective, its application faces structural limitations: insufficient teacher training, lack of resources, and institutional weakness. Jurisdictional guarantees, especially the protective action, have allowed for the correction of state omissions and the enforcement of concrete measures such as reasonable accommodations and affirmative action. It is concluded that inclusive education should be understood as a fully enforceable right and not subject to budgetary availability. Finally, recommendations are proposed to strengthen public policies, the judicial system, and the inter-institutional approach in favor of children's educational rights.