Necesidad de reformar el art. 33 de la ley organica del servicio público por cuanto no existe norma que garantice el derecho constitucional de acceso a la educacion de las y los servidores públicos que laboran en jornada especial como militares y policias en servicio activo

Article 26 of the present Constitution of Ecuador states: "Education is an unavoidable and inescapable duty of the state. Is a priority area of public policy and government investment, ensuring equality and social inclusion and a prerequisite for good living? " At Art 27 of the body in the analysis Act, provides: "Education will focus on the human being and ensure their holistic development in the framework of respect for human rights, environment and sustainable democracy is participatory, compulsory, cultural, democratic, inclusive and diverse, quality and warmth, promote gender equality, justice, solidarity and peace ... .....”In the second paragraph of that article says:" Education is indispensable for understanding and the exercise of rights and the construction of a sovereign country and is a strategic focus for national development. " Article 33 of the Public Service Law, which relates to permits to which the public servant has the right, in its first paragraph states: "The appointing authority shall grant permission for up to two hours daily to regular studies, provided certifying enrollment and regular attendance. In the case of students, is expressly certifying the approval of the course. Not be granted these permissions, the server or servers that work in special day. The ban on granting permissions to all the servants who work in special day is detrimental to the constitutional rights of equality and non-discrimination is also prejudicial to the principles established by the public such as: principle of fairness, equality, opportunity, and universality. As we can realize the absurd content of this statutory provision, also leaves a huge void as it does not mention which are the servants and public servants who work at this time. But I think that includes members of the Armed Forces, National Police, Doctors and Nurses, as the ordinary working day, is one that meets for eight hours effective and continuous, Monday through Friday and during the five days of each week, forty hours a week, with periods of rest from thirty minutes to two hours daily for lunch. According to the first paragraph of Article 229 of the Constitution reads: "public servants will all persons who in any way or any title work, providing services or exercising an office, function or dignity in the public sector." Likewise, the second paragraph of article 229 of the Constitution states: "the rights of servants and public servants will be waived ...." In the same way numerals n) y q) of Article 23 of the Public Service Law related the rights of the servers said: n) "Do not be discriminated against or discriminated against, nor be prejudiced or cancellation of recognition or enjoyment in the exercise of their rights and; q) To receive continuing education and training by the state, for which the institutions provide the facilities" It is therefore contradictory, injurious and discriminatory to deny the right to education in a particular sector in providing public services, special days, thus violating the right to education guaranteed by the Constitution and in the Public Service Law, the principles are established in Art 1 of the Act in question are: equity, equality, opportunity, participation, solidarity, and universality that promote multiculturalism, equality and non-discrimination, reason enough to through the development of this research project to suggest alternative solution.

• Hlavní autor: Camacho Chierres, Hartman Antonio (author)
• Médium: bachelorThesis
• Jazyk: spa
• Vydáno: 2015
• Témata: DERECHO; REFORMAR EL ART. 33; LEY ORGANICA DEL SERVICIO PÚBLICO; NO EXISTE NORMA; DERECHO CONSTITUCIONAL; EDUCACION DE LAS Y LOS SERVIDORES PÚBLICOS
• On-line přístup: http://dspace.unl.edu.ec/jspui/handle/123456789/16765