The Enforceability of Economic, Social and Cultural Rights as a Neutrosophic Variable: The Right to Education in Ecuador

Résumé fourni par la source

: In 1948 the United Nations General Assembly adopted the Universal Declaration of Human Rights, and in 1966 it divided fundamental rights into two covenants: one for civil and political rights and another for economic, social and cultural rights (ESC rights). This study analyses the level of enforceability of the second group, taking the right to education in Ecuador as its case, and argues that enforceability is not a binary property but a neutrosophic variable: for each dimension of the right there coexist degrees of realization (T), degrees of documented non-realization (F), and a component of indeterminacy (I) that the analysis types, following neutrosophic paraconsistent logic, into constitutive indeterminacy — deliberately built into the Covenant through progressive-realization clauses — and removable indeterminacy — produced by information gaps that better data could resolve. Using a documentary review of the founding instruments, the doctrinal debate, and the Ecuadorian evidence, the study classifies the evidence into a neutrosophic matrix across four dimensions: normative recognition, justiciability, material realization as access, and material realization as quality. The results show high truth values in recognition and access, concentrated falsity in quality, and an indeterminacy profile whose type differs by dimension: constitutive in justiciability, removable in access and quality data. The typing matters because each kind of indeterminacy demands a different remedy: treaty and legislative reform for the former, statistical capacity and transparency for the latter.

Ce résumé expose les affirmations des auteurs. BNTIC ne l’interprète pas comme une validation indépendante des résultats.