"Análisis del sistema de ingreso a las instituciones públicas de educación superior dentro del derecho a la educación en el Ecuador"

Abstract

The present research work focuses on the method used to enter public universities in our country, wherein the constitutionality of the process that many applicants went through at the time to take the admission test to obtain a place in a Public Higher Education Institution is analyzed. Currently, one of the most important rights in our society is the right to education stated in the Constitution, this the most important right for the development of any society, due to this, the present investigation takes into account various factors that influence the education and the application of the education as a fundamental right. The role that the state plays into the education is of paramount importance because nowadays the government establishes the process to enter a public higher education institution, which shows a clear intervention of the State into the educational field. The intervention of the State should always be in harmony with the Constitution since the State is supposed to safeguard the compliance of the Constitution. The process to enter Public Universities should be in harmony with the Constitution, that is, an individual cannot be denied of his/her rights, and specifically the right to education, here the conflict arrives because many applicants feel that their rights have been violated because they cannot obtain a place into the major that they prefer, but, the legal support of the exam that denies them to enter the major whose requisite is the highest grade gives place to a major that requires a less grade, to be like this, it is not denying the Constitutional right to the education of individuals, but it leaves aside the freedom of the applicant to enter to study the major of their preference, that is, the applicant either accepts the quota that the State grants him/her or he/she waits until the next postulation.