The purpose of this research was to analyze the normative framework of education in the global, international and national context of Colombia. It was theoretically based on the postulates of experts in the educational area, documents and legal foundations that allowed contrasting different conceptions on the subject in question. The study was developed under the exploratory qualitative paradigm, based on a documentary review. Among the most significant results, it was revealed that the documents generated in international events provide follow-up and response to the educational problem; likewise, the normative framework facilitates the construction of public policies conceived as legal justification guaranteeing the right to education for all citizens, as a constitutional duty on which depends the realization of the individual, collective and cultural life project in society, thus providing value to the intangible products of knowledge and sustainable development.

Keywords: normative framework; globalization; knowledge society; public policies; sustainable development.

Education, and therefore universities today, have expanded their social function, not only by deploying their activities in favor of education, but also by directing their actors towards an integral development, which allows them an effective development within the changing society in which they are immersed, allowing the interrelation between them; and indeed, in many opportunities, to generate knowledge based on experience and linked to public policies implemented by national governments.

Within the global educational symbiosis, it is relevant to bear in mind the roles played by institutions and their actors in carrying out knowledge management; however, Latin American educational institutions ceased to be entities whose responsibility was not imperative, and became permanently questioned by the community, i.e., the social product of the public resources invested in them is demanded. In this regard, Inciarte et al (2015) state that the university as an institution responsible for the training of human talent, orients its development to the generation of knowledge aimed at solving contextual problems, together with the construction of capacities that contribute to human and sustainable development.

Therefore, in order to understand education, it is imperative to critically analyze the intervening aspects of this process, defining the legal framework that contemplates it and its actions as public policy. According to Pérez (2009), the legal framework comprises the set of laws, regulations, norms, decrees, among other official publications, where the legal basis on which any research protocol is based is established.

In view of these considerations, education as the main action in the development of communities, urgently requires its resizing, demanded by the historical moment we are living, without losing the north established by international organizations that support it as the main purpose in the holistic development of the individual. In this regard, the United Nations Educational, Scientific and Cultural Organization [UNESCO] (2016), in goal 4 of sustainable development states that education is the key to be able to achieve other goals.

In the same order of ideas, the Political Constitution of Colombia (1999), article 67, states that education is a right of the individual and a public service that has a social function, seeking access to knowledge, science, technology, and other cultural goods and values. Similarly, the National Constitution of Panama (2004), Article 91, states the right of citizens to education and the responsibility to educate themselves. In this sense, the State organizes and directs the public service of education, guaranteeing parents the right to participate in the educational process of their children, having access to knowledge, science, technology and cultural values.

In relation to the above, it can be observed that in both countries education is the responsibility of the State, established as a social function and a fundamental right for all citizens. For the researchers, the functions of Colombian educational institutions must be adjusted to the new world order, i.e., organizational reengineering to respond to the needs of individuals, in line with legal standards. It is also urgent to promote the university functions of teaching, extension, research and management, guaranteeing the establishment of a multifunctional system integrated by the State, universities and companies. In view of the problems described above, the following research question arises: How does the normative framework of education in the international and national context have an impact on educational public policies in Colombia?

The research was based on the qualitative paradigm, which according to Hernández and Mendoza (2018) identifies the deep nature of the studied reality, "its dynamic structure, that which gives full reason for its behavior and manifestations, product of techniques to collect information, such as the review of documents and their interpretation" (p.9). The same, was framed in an exploratory study, since it is oriented towards the identification of promising concepts to inquire about the selected thematic, preparing the ground for broader and deeper studies (Muñoz, 2018).

Continuing with this operational and methodological sequence, the documentary review modality was assumed, which from the perspective of Ortiz (2015) focuses on the study of problems with the purpose of broadening and deepening the origin of it, with the support of previous works; as well as, of information and data disclosed by printed or electronic media. For this purpose, the content analysis technique was used, which for Álvarez Gayou (2016) represents the most appropriate procedure for the development of qualitative studies, which from its scope analyzes messages, documents, personality traits among other subjective aspects of the human being as a social entity. From there, the reflection object of study was established, in order to analyze, compile, update information on the problematic generating discussion, scopes and its legal applicability in the new knowledge society.

Theoretical approach to understanding the problem

In this approach, the theoretical analysis of the normative framework of education at international and national level, in the case of Colombia, generates a process of constant comparison that allows to reveal the legal contribution, from the divergent perspective of different authors and legal regulations linked to its application in public policy.

Considering that education in today's knowledge society is marked by dizzying changes resulting from the effects of globalization, the pandemic and the new socio-political dynamics, it is conceived from the legal perspective, as a complex reality where the agents involved in education have tools and mechanisms available in the digital era to ensure their connectivity, it faces a new challenge: "...to achieve education on a global scale that encompasses the training needs of human capital with the aim of generating a comprehensive educational praxis, developing from and outside the classroom, skills, competencies and knowledge useful not only in a local environment, but also globally" (Sánchez Quintero, 2018, p. 79 ).

According to the report of the Economic Commission for Latin America and the Caribbean (ECLAC, 2002), the term globalization refers to the increase in worldwide economic, social and cultural processes, leading the economy to globalize and generating new public policies that have an impact on education.

From the perspective of the researchers, this situation must be adapted to the legal standards required by international and national organizations in search of a quality education that generates public policies in line with the new reality demanded by the knowledge society and the organizations responsible for monitoring these processes, since education is the fundamental pillar for the construction of knowledge and of the country. This reflection leads to consider a legal analysis of the normativity of education and its impact on the knowledge society in Colombia.

Analysis of the impact of international education policy on Colombian public policy

This section will address some documents generated in world conferences, international forums, treaties, pacts, agreements and legal instruments in hierarchical order that support educational praxis in public education institutions at the international level, emphasizing the cases of Panama and Colombia. According to the United Nations Educational, Scientific and Cultural Organization [UNESCO] (1998) in the World Conference on Higher Education, a higher education in the 21st century and in accordance with paragraph 1, art. 26 of the Universal Declaration of Human Rights, access to higher education should be centered on the universal principles of equality and inclusion, without discrimination of any kind. In the declaration, the conclusion was reached in a compendium of actions that should prevail and be applied for the good of society and higher education, where most countries bet on the promotion of research and innovation in order to boost their sustainable economic growth, promote their development and form multidisciplinary teams with all actors responsible for national and institutional policies, thus ensuring quality and government commitment to educational development.

In the same line of thought, UNESCO (2009) at the World Conference on Higher Education, proposed the following lines of action: (a) the social responsibility of higher education rests with governments, supporting the criteria of access, equity and quality, (b) embracing international cooperation and networks between institutions in all areas, (c) financing learning, research and innovation through public-private partnership initiatives. (d) fostering through education governance based on responsibilities, principles and strategic alliances, and (e) participating in the call for international action and cooperation for the formulation of long-term sustainable strategies in higher education and research.

Trying to go deeper, UNESCO (2016), states in Sustainable Development Goal 4 that education is the key to achieve other Sustainable Development Goals (SDGs). That is, when people can access quality education, they can be excluded from the cycle of poverty, it contributes to reducing inequalities and promotes gender equality, allowing to empower people with a healthier and sustainable life.

In this regard, the World Conference on Education for Sustainable Development (2015), called for a renewed commitment from all countries, in the Aichi-Nagoya Declaration to implement the global action agenda for ESD and fulfill the following actions: Promote policies, integrate sustainability practices into teaching and training contexts, build the capacities of educators and trainers, empower youth, urge local communities and municipal authorities to develop community-based ESD programs.

Corresponding to the above, the World Education Meeting in Brussels (2018) highlights "the importance of lifelong learning" embodied in its closing report where the messages of the participants and commitments made about how to learn throughout life, reaffirming the essential role of education, its training, higher education and research as key drivers of sustainable development, covering the environment, climate change and its effects, and not least to strengthen collective action in relation to SDG 4 under the 2030 agenda.

It is also required to follow up on the commitment to eradicate illiteracy through formal and non-formal education, having equitable access to digital media and information literacy (ICT) training as a learning perspective and implementation of relevant policies and plans on the current status of adult education worldwide. 

Another, analyzed document was the fourth World Report on Adult Learning and Education (2020), which concluded that progress in participation in adult learning and education is generally insufficient, data show persistent inequalities, deep participation and that it is not reaching key target groups, such as adults with disabilities, older adults, minority groups and adults living in countries in conflict.

Finally, the World Social Report (2021) emphasizes the need for sustainable rural transformation to achieve the SDGs by 2030. It points to equal access to land, giving participation and inclusion to women; as well as guaranteeing the cultural and economic development of indigenous peoples with their ancestral lands, proposing policies for the protection of water, land and its restoration to offer a prosperous future.

From the researchers' point of view, these documents and actions require the follow-up of a multidisciplinary team integrated by all the actors involved in the national and international educational praxis and its social policies of action, which guarantee an inclusive process of quality, socializing, technological, of strategic alliances that encompasses science, research and extension work with the purpose of responding to the needs of the key society to achieve the objectives of sustainable development, as stipulated by UNESCO (2016).

Regulatory framework for education in Panama

In order to understand the primordial role that education plays in the global context, based on the similarity of this system in terms of the development of its praxis and everything that encompasses its actions, we turn to the Political Constitution of the Republic of Panama (2004) in its Chapter 5 on education, which is conceived as a fundamental right, enshrined in Article 91, which states: "everyone has the right to education and the responsibility to educate themselves".

From this legal perspective, the Panamanian political charter enshrines education as a right and public service, whose responsibility falls directly on the State, in accordance with the demands of society and the family, as a guarantee of the quality of the service. In effect, they enact free education at the official level, without causing prejudice to those institutions of a private nature. It is also pertinent to refer to articles 94,95,96,99 of this macro law, linked to the freedom of teaching, free official education at all pre-university levels, the responsibility of the State in the organization, supervision and planning of programs, plans in accordance with national needs and the recognition of academic and professional degrees issued by competent agents authorized by the State. It is important to emphasize at this point that the official State university will supervise officially approved private universities to guarantee the degrees they issue and will revalidate those of foreign universities in the cases established by law.

In the Panamanian context, the Organic Law of Education (2003) was also analyzed, which establishes the fundamental provisions related to the principles, purposes and norms of education, recognizing the right of children and young people residing in the country to receive a quality education. It is divided into official and private education; the educational system is composed of two subsystems (regular and non-regular); it establishes that permanent education is compulsory; it also sets forth the purposes of Panamanian education. It is characterized as democratic and the Ministry of Education is in charge of authorizing and setting the curricula, supervising, organizing the teaching programs and the organization of the country's official pre-primary, primary and secondary schools.
Regarding the higher education level, the Ministry of Education (1999) promulgated Decree 50 of (1999) "By which the operation of higher education centers, official and private, is regulated and other provisions are issued". In the same order, Law 34 of July 6, 1995, Art. 60, establishes that the third level of education or higher education will be provided in universities, higher education centers and post-media education centers, being of special importance for the development of the country.

Currently, the ten-year strategy for the modernization of Panamanian education establishes in the aforementioned law, new criteria that propitiate and promote the operation, development and evaluation of this educational modality; supported by Articles 1 and 2, referring to the fact that the third level or higher education will be taught in universities, higher education centers and post-secondary education centers. 1 and 2, referring to the fact that the purpose of higher education centers is the training of professionals in the different fields of research and human activity, scientific, technical and cultural extension; as well as professional and advisory services to meet the needs of graduates of the second level of education or secondary education and the demand for human resources and their respective objectives.

From the researchers' point of view, these documents and legal instruments should be implemented, supervised and transformed into public policies, applied by the governmental entities responsible for education and allowing the linkage with higher education institutions as the rectors of educational praxis and the formation of human talent. It is also necessary to carry out organizational reengineering processes in response to the demands of today's society, in order to activate funding mechanisms for research, since it is key to achieving the objectives of sustainable development, according to UNESCO guidelines.

Analysis of the impact of national educational policy on Colombian public policy

Colombian education is governed by the Political Constitution of Colombia (1991), Art. 67. Education is understood as a fundamental right and a free public service whose provision is the responsibility of the State, in accordance with the demands of society and the family. Education is compulsory from 5 to 15 years of age, covering preschool, primary and secondary education; it will be provided by state educational institutions, without detriment to private institutions.

In the same order of ideas, the aforementioned legal instrument states that education will train Colombians to respect human rights, peace, democracy, the practice of work and recreation, for cultural, scientific and technological improvement and for the protection of the environment. Likewise, the state will be in charge of monitoring, organizing, planning and supervising education, guaranteeing the expansion of its coverage, the permanence of students and the quality of the service. In addition, the nation and the territorial entities will participate in the direction, financing and administration of the state educational services, under the terms established by the constitution and the law.

Another important instrument in this review is Law 115 (1994), Art. 1, which sets forth the purpose of education, conceived as a process of permanent, personal, cultural and social formation, based on an integral conception of the human person, his or her dignity, rights and duties. In addition, this law establishes the general rules to regulate the public service of education, which fulfills a social function in accordance with the needs and interests of individuals, the family and society.  It is relevant to highlight in this law its purposes, together with the respect for life, human rights, the creation and promotion of an awareness of national sovereignty for the practice of solidarity and integration with the world, especially with Latin America and the Caribbean. It also promulgates access to knowledge, science, technology and cultural values, the promotion of research and the encouragement of artistic creation in its different manifestations.

The situation described above is specified in Law 30 (1992), Art. 35 referring to secondary education and its articulation with higher education. This is a permanent process that enables the development of the human being's potentialities in an integral manner, it is carried out after secondary education and its purpose is the full development of the students and their academic or professional training. In addition, it is a cultural public service, inherent to the social purpose of the state, which in accordance with the Political Constitution of Colombia and the present Law, guarantees university autonomy, fulfilling the functions of ensuring the quality of the educational service through supervision and oversight, generating freedom of thought, ideological plurality within a framework of freedom of teaching, learning, research and teaching.

Article 6 of the law establishes the need to deepen the integral formation of Colombians within the modalities and qualities of higher education, enabling them to fulfill the professional, research and social service functions required by the country as a factor of scientific, cultural, economic, political and ethical development at national and regional level. Similarly, it states that it is urgent to promote national unity, decentralization, regional integration and inter-institutional cooperation so that the various areas of the country have the human resources and appropriate technologies that allow them to adequately meet their needs, in line with the academic communities and the articulation with their counterparts at the international level. This process must be consistent with the fields of action, requirements and academic programs.

Analysis of the incidence of departmental education policy in Colombia's public policy

The departmental education service is regulated by Law 115 (1994), which responds to the assumptions set forth in the Political Constitution, such as the responsibility of the State, society and the family in the quality of the educational service, the provision of the service through certified territorial entities. Accordingly, Decree 1860 (1994) establishes that all persons residing in Colombian territory shall receive preschool and basic education in public or private educational institutions.

The financing of Colombian public education, according to Law 115 (1994), Art. 175, will be carried out with resources from "the located fiscal, with the other national public resources provided by law, plus the contribution of the departments, districts and municipalities", in accordance with the provisions of Law 60 (1993) repealed by Law 715 (2001), which regulates the provision of educational services.

In the same order, the Political Constitution of Colombia (1991), Art. 286 refers that the territorial entities are the departments, districts, municipalities and indigenous territories. For the purposes of financing the educational service, Law 715 (2001), Art. 20, defines certified territorial entities as those "certified according to law, departments and districts". In effect, the nation will certify the municipalities with the number of inhabitants, through the DANE for population calculation purposes. According to the census, resources are allocated according to the effective provision of the service.

The distribution of resources for education is carried out by the National Planning Department, to whom this competence was conferred, by virtue of what is enshrined in Law 1753 (2015), Art. 165 on the competence, which was previously exercised by the National Council for Economic and Social Policy (CONPES), the entity in charge of authorizing the allocation of resources. These criteria used for the allocation of resources from the general participation system for education are found in Law 715 (2001), Art. 16 where it is stated that the population served, is applied according to the students officially enrolled the previous year.

Analysis of the impact of institutional education policy on public policy in Colombia

At the institutional level, education in Colombia is governed by the Political Constitution of Colombia (1991), the General Education Law (1994), the guidelines issued by the Ministry of Education and its Government Development Plan. In addition, the departmental education service is regulated by Article 175 of Law 115 of 1994, which refers to the payment of salaries and benefits for state education.

The distribution of resources for education is carried out by the National Planning Department, to whom this competence was conferred, under the provisions of Law 1753 (2015), Art. 165 granting unprecedented administrative autonomy to educational institutions. The above, allowed the decentralization that directly impacted institutional actions such as resource management, curriculum projection and design of the Institutional Educational Project ( IEP) being this, the fundamental strategy ordered by Law 115 of 1994, to promote the transformation of institutions as axes of development and improvement of human and institutional educational quality, since it is a collective construction, which leads to growth, school and social development of educational communities.

Similarly, Decree 1860 (1994), Art. 16 states that the institutional educational project is mandatory for official and private educational institutions. In addition, they must submit evidence of the adjustments and progress (report) to the secretary of education and if they do not comply, they will be sanctioned as stipulated by law. In this regard, González & Duque (2008) express the imperative need to design successful policies with the objective of improving the living conditions of the population, implement new forms of relationship between society and state, improve the performance of institutions; as well as, reflect transparency and accountability in government actions to strengthen the trust of society and approach public policies on the road to the creation of a sustainable and democratic society.

When analyzing the normative framework and the documents generated in the events of education in the international and national context of Colombia, it was revealed: growth and progress in the educational field, dissociated from a national policy in relation to the researched and the designation of strategic lines that allowed a network behavior, this paired with the lack of political-strategic continuity in the matter of scientific-technological exploitation. As tangible evidence, there is the subsidy granted to multiple researches with little relevance and national relevance, resulting in the flight of talent to areas that were more congruent with the training received. 

Likewise, the need to generate actions directed towards the construction of public policies with a democratic philosophy, taking into account an articulated vision of the problems, creating mechanisms of social control, seeking quality, universality and generating networks for their massification, evaluation and supervision process, was verified.

Therefore, public policies are conceived as joint governmental and social actions in pursuit of a specific objective.  In effect, educational public policies must be managed to guarantee the right to education for all citizens, as a public service and constitutional right that allows for integral individual, collective and cultural development in society, in accordance with the standards, actions and guidelines generated by international treaties and the country's legislation.

In synthesis, governmental entities must propose educational policies aimed at reducing the inequality index framework, giving the opportunity to all citizens to be trained. For this, it is necessary to invest in training human talent and in technological literacy, with a view to developing a practice of socio-cultural advancement, framed in the opportunities offered by the current digital era. In addition, technological inclusion is required for all citizens, without discrimination; investing in research, science and technology; generating national and international networks, forming multidisciplinary teams qualified in education and following up on the actions resulting from academic events and proposals made by international organizations for integration into the knowledge society and sustainable development.

Conflict of interest
The authors declare that there is no conflict of interest.