Constitutional analysis of education as a fundamental right in contexts of inequality

Abstract

Education is recognised in numerous constitutions and international treaties as a fundamental human right and a cornerstone for democratic development. However, in Latin America, deep social, economic, and cultural inequalities persist, undermining this right, especially for indigenous, rural, migrant, and low-income populations. This constitutional analysis is crucial to examine the normative scope, state commitments, and gaps between legislation and educational realities. The research, based on the PRISMA methodology for a systematic literature review, focused on assessing how the constitutional-legal framework effectively guarantees or fails to protect the right to education in contexts of social exclusion, considering the relationship between normative content and practical implementation. The findings reveal that although the right to education is formally recognised in most Latin American legal systems, significant limitations hinder its effective exercise. These include the lack of robust legal and institutional mechanisms to ensure enforceability, as well as the absence of public policies aimed at overcoming structural inequalities affecting the most vulnerable groups. This calls into question the real effectiveness of constitutional guarantees and underscores the need for a social justice and inclusion approach to achieve equitable and accessible education for all.