Professional Ethics and Legal Foundations of Education in Peru

Concept of a Profession

A profession is defined by its members' adherence to a specialized body of knowledge, a vocation of service, and the ability to self-regulate, thereby organizing the way services are offered.

Core Values for Educators

• Respect: For every child's full mental, physical, and moral development.
• Altruism: Prioritizing service to others above self-interest.
• Discipline: Emphasizing self-regulation.
• Efficiency: Effectively solving people's problems.
• Commitment: To the society that recognizes their professional status.

Legal Frameworks and Standards

Understanding Legal Rules

Rule: A principle or rule of conduct.Categories: Moral, technical, religious, social, and legal rules.Definition of Law: A rule of human behavior or governance issued by a competent authority based on a criterion of value, with non-compliance leading to a penalty.Forms of Law: Constitution, laws, regulations, decrees, resolutions, etc.

Legal Recognition of the Right to Education

• Constitution of Peru
• Education Act and its Regulations
• Faculty of Law and its regulations.

Normative Hierarchy: Legal System Structure

Concept of Normative Hierarchy

Definition: The subordination of lower-grade legal standards to those of higher rank.

Levels of Normative Hierarchy

• Constitutional Level: The Political Constitution of Peru.
• Legal Level: Laws, Decree Laws, Legislative Decrees.
• Administrative Level: Supreme Decrees, resolutions, directives, etc.

Key Principle: The supremacy of the Constitution over any other law.

Hans Kelsen's Normative Pyramid

First Level: Constitutional Norms

This level represents the supreme and fundamental legal norm, governing the rights of the people. It is considered supreme and fundamental. It typically comprises two parts: the Dogmatic (rights and duties) and the Organic (structure of the state).

Second Level: Legal Norms

This level consists of legal rules established by the legislature. These are rules set by a competent authority, which command or prohibit something in accordance with the law. An example is Legislative Decree No. 988, which created the suspension of the Faculty of Education.

Third Level: Administrative Standards and Specific Laws

• Regulations: General legal rules issued by the Executive branch. Their rank in the hierarchy is immediately below the law, and they typically elaborate on existing laws.
• Other Rules: These are rules dictated by various state organs. Examples include directives from the Ministry of Education or regional educational authorities concerning the right to education.
• Constitution, Article 13: This article recognizes the Right to Education, emphasizing the integral development of the human person.
• General Education Law, Law 28044: Defines education as a process of learning and teaching. It describes its principles, subjects, school management, and other relevant aspects.
• Regulation of the General Law on Education, DS 09-2005-ED: This decree regulates the gratuity of education and provides definitions for terms such as 'principal' and 'school'.

Peru's Educational System: Challenges & Solutions

1. Introduction to Peruvian Education

2. Defining Education

3. The Crisis in Peruvian Education

3.1. Key Problems in Peruvian Education

• Illiteracy
• Teacher Training Deficiencies
• Inadequate Educational Infrastructure
• Lack of Technology Access
• Insufficient Budget Allocation
• Chronic Malnutrition (affecting learning)

3.2. Proposed Alternative Solutions

4. Characteristics of Education