The Effectiveness of the Right to Education: Positivity and Justiciability

The contemporaneity of the human rights is marked by the combination of the values of freedom and equality, which implies recognizing that the full realization of civil and political rights is conditioned to the implementation of social rights, especially the right to education. Thus, this article aims to highlight the main challenges and the mechanisms for the implementation of the human right to education, given the tendency to empty the spirit of solidarity of social rights, which will be done through the historical context and analysis of specific cases, using analytical and descriptive research.