Materialización del principio de igualdad y no discriminación en niñas, niños y adolescentes con discapacidad en el sistema educativo ecuatoriano.

Abstract

This essay analyzes the materialization of the principle of equality and non-discrimination regarding the access and permanence of children and adolescents with disabilities within the Ecuadorian educational system. It seeks to evaluate the effectiveness of the protections established by the Constitution of Ecuador in Articles 11, 35, 47, and 347 for students with disabilities. Adopting a qualitative approach and a deductive method, it explores the reality of inclusive education and the role of the Ecuadorian State in its enforcement. To this end, legal doctrine and landmark rulings from the Constitutional Court are reviewed specifically judgments No. 1351-19-JP/22 and No. 1016-20-JP/21 which establish the obligation to implement reasonable accommodations and support measures. The analysis encompasses fundamental regulations such as the Organic Law of Intercultural Education (LOEI), the Organic Law on Disabilities, and international treaties. The findings reveal that cultural, physical, and pedagogical barriers persist, preventing legal frameworks from translating into true inclusion. The study concludes that having strong laws is not enough to guarantee that this group receives the education it deserves; it is urgent to ensure financial resources, teacher training, and the elimination of social prejudices. Inclusion must not be a pedagogical option, but a human and constitutional commitment that guarantees a permanent quality of life.