Inclusive Education and the Right to Education in the Ecuadorian Higher Education System: Legal Analysis of Compliance with the Principle of Equality of Opportunities

Abstract

This study provides a legal analysis of the fulfillment of the principle of equal opportunities within Ecuador’s higher education system, with an emphasis on the right to inclusive education. Using a dogmatic–legal approach, it examines national and international legal frameworks, including the Constitution of the Republic of Ecuador, the Organic Law of Higher Education, and the Convention on the Rights of Persons with Disabilities. The study identifies structural and normative barriers that hinder the effective implementation of inclusive policies, such as a lack of reasonable accommodations, weaknesses in supervisory mechanisms, and the absence of performance indicators. A comparative analysis with the Colombian case highlights good practices and common challenges. The findings reveal significant gaps between legal norms and their practical application. The study concludes by proposing legal reforms, the strengthening of monitoring mechanisms, the inclusion of indicators, and the active participation of persons with disabilities in policy design.