El pragmatismo de las políticas públicas para la igualdad en discapacidad y el derecho constitucional de educación inclusiva

Abstract

This investigation born from the comparative, historical, doctrinal, constitutional, legal and development analysis regarding public policies and constitutional law that seek to concretize the exercise of rights for all people. For their part, public policies since their historical development have been characterized by detecting problems in society, in democratic and rights states; based on a certain constitutional paradigm and political line of the current government. It is convenient to emphasize that in certain cases the determination, formulation, development and evaluation of public policies has left aside the historical, economic, social and constitutional development context, focusing on simple legal compliance. On the other hand, the development of the law is based on the fulfillment of the guarantee of the declaration of Human Rights, under these characteristics the states in their legal or constitutional reforms seek its effectiveness, although it is true that in certain cases they are constituted in theoretical postulates, due to the lack of state capacity and responsible entities that do not understand the constitutional responsibility regarding compliance. The effectiveness of Inclusive Education of certain quality has been verified as a public policy that seeks to guarantee the constitutional right to education in Ecuador established through the 2008 constitutional reform that is configured under the Constitutional paradigm of Rights and Social Justice. Under the characteristics established with the research development, the degree of materialization of public policies on equality in disability that seeks to materialize the right to quality inclusive education in both basic general education and high school in zone three was analyzed. Finally, it is indicated that public policy as a constitutional guarantee, since its establishment, has been linked to the exercise of power and mass manipulation of the current government without determining clear guidelines that make such guarantee concrete.