Análisis de la sentencia CASO N°. 112-20-JP y 138-21-JP acumulados, la correcta reparación integral en cada caso y contraposición del derecho a la libertad de culto y la educación superior

Abstract

This article addresses the protection of the right to freedom of religion in the context of university education in Ecuador, focusing specifically on cases of Seventh-day Adventist students whose requests for accommodation for religious reasons were denied by universities. Therefore, the application of the principle of comprehensive reparation in the Ecuadorian judicial system is analyzed, as well as the importance of modifying the internal regulations of educational institutions to avoid the repetition of human rights violations. At the same time, the relevance of university autonomy and the adaptability of education for students in the context of religious freedom is highlighted. Likewise, freedom of worship, the Seventh-day Adventist Church and the right to higher education in Ecuador are mentioned, as well as the organizational structure of the Adventist Church and its focus on health and education. Subsequently, the decisions of the Constitutional Court are mentioned analyzing the validity, suitability, necessity and proportionality of the universities' refusals, concluding that in some cases the rights of the students were violated.