Abstract

This article shows an exploration done over the current Chilean situation from the point of view of the demand for rights to be enforced. The study tries to find out the way service rendering is organized to meet the right to education, considering that this is not a technical problem, but mainly social and political, which demands for a re-definition of the categories relative to “freedom of teaching” and “regulatory faculties” in terms of “right to education”, i.e., subordinate them to this basic right. At present, the national framework is not clear in terms of this hierarchy, as, on the one hand freedom of teaching and the right to education had to be shown as poles in tension in apparent opposition and, on the other hand, the public authority seems to be relatively deprived from effective capabilities to guarantee such right. The latter, under the understanding that economic, social, cultural and institutional obstacles impeding equitable distribution perpetuating inequalities are to be identified and removed to assure all rights for a good education