This paper seeks to identify the philosophical-legal foundations present in the various regulations of the Chilean and Colombian systems, from a systemic perspective. The objective is to reflect a look from the perspective of the human rights system proposed by the matrix of Ferrajoli's legal epistemology, nourished by the vision of Habermas and Peces-Barba as articulation axes of the approach. This, with a view to pondering an analysis of the norms and the levels of application and significance of the legal bodies analyzed, above all in terms of the right to education and the dynamics of inclusion and recognition of difference, in the multicultural reflection.