**3. Right to education and content**

It is obvious that it is not enough to argue that the right to education is recognized because there are norms that establish it, whether of constitutional or legal rank. Nor is it enough for a State to have an abundant budget dedicated to the development of education, whether public or private, free or paid, but with a State policy of quality and equal for all, therefore, non-exclusive. But its contents should also have a relationship between content and democracy. UNESCO analyzes this relationship in the perspective of promoting a true exercise of the right to education that includes Education for Sustainable Development, intercultural education and education for democracy.

### **4. Higher education today**

How can we define what a university is and what we can understand as a University of Excellence, it is the one that combines in a balanced way the functions of teaching, research and extension. In the case of Chile, only five of the sixty universities that exist in the country meet this fundamental requirement, various indicators tell us about this inequality. These are Universidad de Chile, Universidad Católica de Santiago, Universidad de Concepcion, Universidad de Santiago and Universidad Austral. This phenomenon can be seen in practically every country in the world.

In the case of Chile, a review of university budgets shows that those universities that carry out teaching, research and extension functions invest twice the number of full time and doctoral degree academic resources per student. If a comparison were made between each of the indicators in the research universities, the other universities that concentrate 28% of the student body according to a CIES study, this gap would increase the difference between indicators by five or seven times more". (These indicators have always positioned the University of Chile in the best places in the standardized scores of quality measurement, today this university occupies the ninth place in Latin America and the 400th place in the world, far away from the other universities in the country).

### **5. The problem of education**

In the case of Chile, regarding education, both in the LOCE1 and in the LGE, firstly, students since 2006 demanded equality and quality in education, and free access to it, so their request for the repeal of the LOCE came into force in 2009, thanks to the general education law that repealed it.

<sup>1</sup> https://www.bcn.cl/leychile/Navegar?idNorma=30330.

#### *Perspective Chapter: Principles of Higher Education DOI: http://dx.doi.org/10.5772/intechopen.109968*

Currently the student demands are regarding higher education, where they demand a greater coverage in money for those who do not have greater economic resources, including the middle class that is also affected and being this the one that mostly aspires to higher education.

The recurrent problem is the lack of resources provided by the state to be able to follow these higher education studies, or the resources provided by individuals [27] (banks, commercial houses, etc.) indebt the middle classes and lead to an economic tie once the studies are finished, considering also that the income in many professions is insufficient. The state dissociates itself from its obligation, excusing itself that this education is not compulsory, so it only provides coverage for basic and secondary education in public establishments where there is consensus that it does not prepare students to enter university life and is the cause of inequalities. According to the OECD, the Chilean system generates a division between rich and poor from the classroom. Perhaps the most convincing evidence for Chile in this aspect (...) are the results of the standardized tests that faithfully reflect the economic stratification of the same, living in Chile a hyper-segregation..." [28].

According to the rectors of public universities and coinciding with the OECD, the Chilean Educational System is one of the most expensive in the world and the most unequal in learning. It is inferred from the reading that an education has been built for the rich and another for the poor (this data is in the different statistical yearbooks that can be investigated and with the reading of these can be validated the affirmation of the previous paragraph, then we can consult the following institutions: Mineduc, National Institute of Statistics and Universities, among other research institutions).

Undoubtedly, education financing is a serious problem everywhere. In Chile, more than 85% of the investment in higher education comes from families, which compares with 30% on average in the OECD and less than 15% in some European countries.

Compared to other OECD member countries, Chile has the highest relative cost in higher education, considering that the average value of tuition fees represents 41% of GDP per capita. It cannot be refuted that higher education fees in Chile are high and that their weight is rooted in the family" (I will not go into describing what the statebacked credit (CAE) has meant for the family, which has 25% of university students indebted and have left the university with no return, (as an anecdotal fact, the rate that graduates in the US is 16% of those who enter), and also gave the intermediary bank the action of operating the credits and internal taxes to pursue this moratorium, and as a precedent worthy of Ripley, the state has repurchased from the bank 40% of the overdue portfolio. Business is business).

It can be inferred that the prevailing economic model has been more concerned with being efficient and effective in profit in the technical sense of the holder, than in the actual result of education.

The Organization for Economic Cooperation and Development (OECD) states that in Chile:

"Chilean education is influenced by an ideology that gives undue importance to market mechanisms to improve teaching and learning" investment in education in terms of financial and human resources has been very high compared to before the 90's, however, it has not produced the results expected by the community and the needs of Chilean society" [29].

Behind the problem and part of it is the neoliberal ideology that constitutionalized its maxims, which is evident in Chapter III of Decree Law No. 3464, "Of the Constitutional Rights and Duties", in Art. 19 No. 10 and 11 where the value is placed on the freedom of teaching, the business of education over the right to it. This chapter marginalizes

the state responsibility in matters of rights, which translates into a lack of guarantees so that citizens are defenseless against the abuses of the AFP, the ISAPRES, the private U's and the business organizations. It is this legal-legal constellation that "regulates" the system, and includes the General Education Law (2009, which replaces the LOCE), the result of the 2005 conflict that once again demonstrated how the Chilean institutional traps (Binominal System, Qualified Quorum Laws) only visualize a part of the existing interests in our country and finally, even though the legislation prohibits universities to profit, their owners historically endowed with tremendous impunity. Therefore, it can be argued that one of the problems of education in general is precisely profit.
