El derecho constitucional a la educación de las personas privadas de libertad y análisis de su efectivo cumplimiento en el Ecuador.

Abstract

Education is a constitutional right that includes people deprived of liberty, it is currently an axiom of non-compliance in public policy, which restricts the guarantee, identifying factors that focus on the vacuum of the law of the prison system and education within the prisons as a divergence within the unstable, incomplete and limited legal pattern between Ecuadorian regulations and human rights treaties, a consequence of the inefficient public obligation due to the mass of incarceration with legal impacts associated with social effects of marginalization. The Regulation is not enough either, which is why a reform is presented, because education does not cover an alternative of internal / external life in the face of a conviction, it is not fulfilled as a right in itself, and even worse that this as a guarantee generates effectiveness in the practice underlying the critical point where the legal effect mitigates this legal problem identified by disproportionality, crime inside and outside the social rehabilitation centers, crime rates, social reintegration problems, breaching the palliative function, social responsibility, internal assertiveness and Zero prison crisis by PPLs. The appropriate and timely conclusion is the need to implement a reform of the regulations, art. 704 of the law and 198 of the regulation, with a bilateral educational approach, encompassing the action of the right to education in all forms of study, without restriction, in order to fulfill the mission of prisons, rehabilitation-social reintegration to end criminal unilateralism.