Judicial Review of Administrative Liability Based on Constitutional Court Judgment No. 95-18-EP in Ecuador

Abstract

Ecuador’s Organic Law on Intercultural Education emerged as a far-reaching regulatory framework for protecting the rights of children and adolescents; consequently, it has become the dominant standard within the administrative operations of the national education authority. However, the Constitutional Court of Ecuador analyzed a specific case that revealed conceptual gaps regarding the principle of inclusion and the gender identity of a student at an educational institution. This case ultimately highlighted the need to address these issues through specific guidelines, ensuring that the public education administration upholds the fundamental rights of this age group. This research analyzes these events through a normative and jurisprudential study from the perspective of public education administration, regarding inclusion and gender identity as essential elements of quality academic education. It further examines how the ruling in Case No. 95-18-EP/24 was pivotal to understanding the gender-related claims involved in the case at hand, as well as the ruling's broader influence on the educational landscape and public administration.