Constitucionalización de los manuales de convivencia de ocho instituciones educativas del departamento de Antioquia

Abstract

The purpose of this research is to analyze the design of coexistence manuals, particularly in the behavioral component, in terms of their legal elements, and how they are incorporated into the guarantees and due process of schoolchildren. To do so, eight manuals of different educational institutions of the department of Antioquia were examined, showing shortcomings of a normative, structural, ambiguous and disjointed type with the school organisms. Additionally, it was found through the statistical and hermeneutic analysis of the judgments of guardianship that have been uttered in the last 15 years by the different judicial corporations, that 94% of the rulings were against the educational establishments and therefore of their directors for the existence of normative gaps and procedures in the content of the manuals that prevented a defense of the institutions and undoubtedly the prevention of the violation of constitutional rights. In this sense and in response to the need to articulate the manuals of coexistence with the precepts of the guardianship sentence T-478 of August 3, 2015, the Political Constitution and the policies of the Ministry of Education; in this research the construction of a coexistence manual is proposed, elaborated in a clear, systematic, participative way that allows especially the teaching directors to establish agreements for coexistence without threatening or violating the rights of students, parents of families and teachers, and guaranteeing the educational institution compliance with the purposes of education.