La Ley Orgánica de Educación Intercultural frente a la garantía de los derechos de las personas neurodivergentes en Ecuador

Abstract

This study analyzes the legal and structural deficiencies of the Organic Law on Intercultural Education (LOEI, by its Spanish acronym) regarding the protection of the rights of neurodivergent individuals in Ecuador. Throughout the study, it becomes evident that although the Ecuadorian legal framework recognizes the right to inclusive education through the Constitution, the LOEI, and other national and international instruments, multiple barriers still hinder its effective implementation within the education system. The study also demonstrates that educational inclusion often remains merely theoretical due to insufficient teacher training, lack of resources, institutional weaknesses, and the absence of effective monitoring and enforcement mechanisms. Furthermore, neurodivergent individuals continue to be grouped under general disability categories without specific recognition of their particular needs and learning methods. Likewise, Ecuadorian legislation was compared with international models such as those in Spain, Colombia, Chile, and France, identifying significant progress in these countries regarding inclusive policies and the recognition of neurodivergence. Finally, the research concludes that Ecuador needs to strengthen its public policies, improve teacher training, and develop clearer and more effective legal mechanisms to guarantee a truly inclusive, equitable, and diversity-oriented education for all students.