Análisis jurídico del derecho fundamental a la educación y la responsabilidad estatal por la falla en la prestación del servicio

Abstract

The model of education pursued in most Western societies is guided by the principles of democracy. The aim of education is the formation of free or autonomous citizens. The implementation of a democratic educational model in Colombia has been, and continues to be, obstructed by a number of factors (external and internal). Lack of access to institutions, deficiencies in infrastructure, lack of teachers properly trained to deal with special cases, difficulties in guaranteeing the physical integrity of students and teachers, discrimination (racial or gender), diversion of resources and censorship are just some of the limitations imposed by the Colombian reality on the consolidation of the right to education as a performance, fundamental and right-duty right. The failure to provide the service, in terms of education, occurs when the State cannot comply with its obligations in the presence of negligent conduct by officials. The methodological scope of the research that gave rise to this article is descriptive and the tool used to gather information was a literature review.