El Derecho Educativo como disciplina jurídicaDerecho Educativo colombiano. Propuestas para la mejora de la calidad de la educación y la libertad de enseñanza en Colombia

Abstract

There is a broad academic and political consensus on the social relevance of the full exercise of the right to education to enhance personal human development, the quality of life of families and the progress of countries towards the common good. This has been evidenced in many studies from different areas of knowledge and legal science has been prolific in analyzing the right to education, focusing more on its enforceability as a state public service. This dissertation explains the fundamentals and content of the right to education as a natural right, its international and national recognition while reviewing its dual dimension –objective and subjective– and making emphasis on the second as it refers to the field of educational liberties of the human person and civil society. From this perspective, this work offers a novel conceptualization of Education Law as a specialized legal discipline and guarantor of freedom of education, which constitutes a proposal for the autonomous study of the right to education and freedoms in education. This theoretical framework addresses the descriptive and propositional analysis of the legal system of education in Colombia and provides a review about the dynamic relationship between quality, teachers, family, social initiative, financing of education and freedom of education. With this background, and the aim of enforcing the integral respect of the right to education, specific proposals to rethink the educational system are made. These solutions seek the promotion of a process conducive to a freer, more vigorous and independent educational social initiative in Colombia from the legal system and with a humanistic, comparative and interdisciplinary approach.