Abstract

PAZOS, Rina. Access to higher education: Uruguay and Ecuador Comparative Law study. Universitas [online]. 2018, n.29, pp.157-176. ISSN 1390-8634.  https://doi.org/10.17163/uni.n29.2018.07.

Nowadays, higher education has become an important element not only from the individual rights perspective but also as part of the development strategy of many countries. The International Covenant on Economic, Social and Cultural Rights (ICESCR, 1966) recognizes education as an individual’s right and establishes that equal access and progressive free education in higher education is necessary to achieve the full exercise of that right. In this framework, the legal norms in the field give important inputs to understand the access patterns to higher education in each country. The aim of this paper is to approach to the models in two Latin American countries: Uruguay and Ecuador, through the scrutiny of their regulations on this matter; the Comparative Law method has been adopted, which allows an analysis of the different sources of Law to be compared to achieve a synthesis that provides evidence of the similarities and differences on their legal content, values and political models. Both legal systems consider higher education as a public good and a right, the differences are reflected in the mechanisms for implementing access to that right.

Keywords : Comparative Law; right to education; democratization of education; higher education; free education; educational opportunities.

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