Análisis del Derecho a la igualdad material de las personas con discapacidad respecto del derecho a la educación superior y sus garantías normativas en Ecuador

Abstract

People with a disability must exercise their rights on equal terms. Regarding the equality two dimensions are known; on the one hand, the formal dimension that consists of all persons are equal before the law, whereas the material equality is that people have within the society. To entitle people with a disability to the right of material equality, jurisdictional guarantees are needed, because they allow and guarantee the exercise of their rights acknowledged in the Constitution of the Republic of Ecuador as well as in International Human Rights treaties. Amongst those rights, one is the most relevant: the right to education. This is considered a key right since it enables the exercise of other rights, such as the right to work, the right to life with dignity, et cetera. Without sufficient jurisdictional guarantees, people with a disability will not be allowed to exercise this right, and as a result, the development of their skills, potential, as well as their abilities to procure a dignified life, stalls.