Derecho de las familias a participar en el contexto escolar: análisis desde las Constituciones chilena y española.

Resum

It has been proven that collaborative participation of families in the school context allows for more efficient and lasting solutions to social problems such as dropping out of schools or rights violations which favors the comprehensive development of children and adolescents. The objective of this article is to contrast the regulation of the right of families to participate in the school context in Chilean and Spanish Constitutions using the method of legal dogmatic through which a comparative analysis between the final clause of Article 19 Nº 10 of the Chilean Constitution and Articles 27.5 and 27.7 of the Spanish Constitution was carried out. As a main result, it was found that the contributory duty of the community to the development and improvement of education, implicitly entails the right to participation of families in the school context. It was also found the Chilean Constitution, unlike the Spanish Constitution, does not include norms that explicitly guarantee this right so that the right/duty of parents to educate the children is truncated by not ensuring their participation beyond being able to choose the type of educational establishment.