The freedom of education in the Constitutional Court Spanish Constitution

The freedom of education in the Constitutional Court

Spanish Constitution

European Parliament: Declaration on Rights and fundamental Freedoms (14.4.19). European Union, European Community

Resolution on the freedom of teaching within the European Community.
(14.3.1984)
Convention related to the fight against discrimination in education. Organization of the United Nations for Education, Science and Culture UNESCO

Convention on the Right of the Child (20.11.1989) – United Nations

Declaration on Rights of the Child (20.11.1959) – United Nations

International agreement on Civil and Political Rights (16.12.1966) – United Nations

International pact on Economic, Social and Cultural rights (16.12.1966) - United Nations

Universal Declaration on Human Rights. (10.12.1948) - United Nations

Spanish Constitution
Article 27

1. Everyone has the right to education. Freedom of Education is recognized.

2. Education shall aim at the full development of human personality with due respect for the democratic principles of coexistence and for basic rights and freedoms.

3. The public authorities guarantee the right of parents to ensure that their children receive religious and moral instruction in accordance with their own convictions

4. Elementary education is compulsory and free.

5. The public authorities guarantee the right of all to education, through general programming, with the effective participation of all sectors concerned and the setting up of educational centres.

6. The right of individuals and legal entities to set up educational centres is recognized, provided they respect constitutional principles.

7. Teachers, parents and, when appropriate, pupils shall participate in the control and management of all centres supported by the Administration out of public funds, under the terms established by law.

8. The public authorities shall inspect and standardise the educational system in order to ensure compliance with the laws.

9. The public authorities shall help the educational centres which meet the requirements established by the law.

10. The autonomy of Universities is recognized, under the terms established by the law.

European Parliament; Declaration on fundamental Rights and Freedoms

European Parliament; Declaration on fundamental Rights and Freedoms
European Community (EC)

Article 16

Everyone has the right to education and professional training according to their capabilities.

Teaching shall be free.

The right of parents to give this education according to their convictions and views shall be assured.

Resolution on Freedom of Education in the European Community

The European Parliament…
1. Calls for recognition within the European Community of the following principles:

(1) Every child and young person shall have the right to education and teaching; this includes the right of the child to develop his or her abilities: within the framework of the constitutions common to all the member states and the legislation based thereon, the parents shall have the right to decide on the type of education and teaching to be given to their children of school age.
(2) Every child and young person shall have the right to education and teaching without any discrimination based on sex, race, philosophical or religious beliefs, nationality, social class or economic standing.
(3) The admission of a child to a school receiving public funds shall depend on its children abilities and inclination and neither on the parent’s economic standing nor the social, racial or ethnic background of the child.
(4) The school system must comply with the relevant provisions of the European Convention for the protection of Human Rights and Fundamental Freedoms Community law, especially where it relates to education for the children of migrant workers.
(5) The purpose of education and teaching shall be to enable the individuals to develop fully and to promote respect for human rights and fundamental freedoms.
(6) Freedom of education and teaching shall be guaranteed.
(7)
- Freedom of education and teaching shall include the right to establish a school and provide instruction.
- It shall further include the rights of parents to select, from among comparable schools, a school in which their children will receive the instruction desired; every child must be offered the possibility of attending a school, which gives no preference to specific religious or philosophical beliefs in its education and teaching.
- It cannot be the duty of the State to recommend or give preferential treatment either to denominational schools in general or to schools of a particular denomination, nor can the State give such recommendations or preferential treatment to nondenominational education.
- It is the parents right to choose a school for their children until the latter can do so for themselves; it is the duty of the State to provide the necessary facilities for State or private schools.
- Respect for beliefs is incumbent both on educational establishments under the direct authority of the State and on establishments which have contractual agreements with it.
(8) Freely established schools, which meet the objective criteria established by law for the award of specific qualifications, shall be recognised by the State; they shall award the same qualifications as State schools.
(9) In accordance with the right to freedom of education, Member States shall be required to provide the financial means whereby this right can be exercised in practice and to make the necessary public grants to enable schools to carry out their tasks and fulfil their duties under the same conditions as in corresponding State establishments, without discrimination as regards administration; parents, pupils or staff.
Notwithstanding this, however, freely established schools shall be required to make a certain contribution of their own as a token of their independent status.

Convention in the fight against discrimination in the area of Education United Nations organisation for Education, Science and Culture (UNESCO)

Convention in the fight against discrimination in the area of Education
United Nations organisation for Education, Science and Culture (UNESCO)

Article 2

State permitting, the following situations shall not be considered as discriminatory, as understood under article 1 of the present constitution.
(a) The creation and maintenance of separate educational systems or establishments for male and female students, which comply and offer the same, or equivalent conditions for access to education, offering a qualified team of staff members and a team that shall follow the same study programs.
(b) Foundation and maintenance, on religious and linguistic grounds, of separated educational centres or similar, which provide an education in accordance with the wishes of parents or legal tutors of the pupils: if the participation of these centres or assistance to these establishments is authorised and if the education provided in these centres complies with the norms of the authorities , they may be approved, especially for teaching in the same grade
(c) The setting up and maintenance of centres of private education, whenever la objective of these centres avoids the exclusion of any group, and to introduce new possibilities to education, and which always work with this intention and the education of these centres shall respect the regulations set down by the authorities, particularly for teaching on the same grade.

Declaration on the Rights of the Child (29.11.1959) - United Nations

The child is entitled to receive education, which shall be free and compulsory, at least in the elementary stages. He shall be given an education which will promote his general culture and enable him, on the basis of equal opportunity, to develop his abilities, his individual judgement, and his sense of moral and social responsibility and to become a useful member of society.
The best interests of the child shall be the guiding principle of those responsible for his education and guidance: that responsibility lies in the first place with his parents.
They shall have full opportunity for play and recreation, which should be directed to the same purposes as education; society and the public authorities shall endeavour to promote the enjoyment of this right.

Convention on the Rights of the Child (20.11.1989) - United Nations

Article 28
1. States parties recognise the right of the child to education, and with a view to achieving this right progressively and on the basis of equal opportunity, they shall in particular;
(a) Make primary education compulsory and available to all
(b) Encourage the development of different forms of secondary education, including general and vocational education. Make them available and accessible to every child, and take appropriate measures such as the introduction of free education and offering financial assistance in case of need
© Make higher education accessible to all on the basis of capacity by every appropriate means.
(d) Make educational and vocational information and guidance and accessible to all children.
(e) Take measures to encourage regular attendance at schools and the reduction of drop out rates.

2. States Parties shall take all appropriate measures to ensure that school discipline is administered in a manner consistent with the child’s human dignity and in conformity with the present Convention.

3. States Parties shall promote and encourage international co-operation in matters related to education, in particular with a view to contributing to the elimination of ignorance and illiteracy throughout the world and facilitating access to scientific and technical knowledge and modern teaching methods. In this regard, particular account shall be taken of the needs of developing countries.

Article 29

1. States Parties agree that the education of the child shall be directed to:
(a) The development of the child’s personality, talents and mental and physical abilities to their fullest potential.
(b) The development of respect for human rights and fundamental freedoms, and for the principles enshrined in the Charter of the United Nations
(c) The development of respect for the child’s parents, his or her own cultural identity, language and values, for the national values of the country in which the child is living, the country from which he or she may originate and for civilisations different from his or her own.
(d) The preparation of the child for responsible life in a free society, in the spirit of understanding, peace, tolerance, equality of sexes, and friendship among all peoples, ethnic national and religious groups and persons of indigenous origin.
(e) The development of respect for the natural environment.

2. No part of the present article or article 28 shall be construed so as to interfere with the liberty of individuals and bodies to establish and direct educational institutions, subject always to the observance of the principle set fort in paragraph 1 of the present article and to the requirements that the education given in such institutions shall conform to such minimum standards as may be laid down by the State.

Article 30

In those States in which ethnic, religious or linguistic minorities or persons of indigenous origin exist, a child belonging to such a minority of who is indigenous shall not be denied the right, in community with other members of his or her group, to enjoy his or her own culture, to profess and practise his or her own religion or to use his or her own language.

International Covenant on Civil and Political Rights (16.12.1966) - United Nations

Article 18

1. Everyone shall have the right to freedom of thought, conscience and religion. This right shall include freedom to have or to adopt a religion or belief of his choice, and freedom, either individually or in community with others and in public or private, to manifest his religion or belief in worship, observance, practise and teaching.

2. No one shall be subject to coercion which would impair his freedom to have or to adopt a religion or belief of his choice.

3. Freedom to manifest one’s religion or beliefs maybe subject only to such limitations as are prescribed by law and are necessary to protect public safety, order, health, or morals or the fundamental rights and freedoms of others.

4. The States Parties to the present Covenant undertake to have respect for the liberty of parents and, when applicable, legal guardians to ensure the religious and moral education of their children in conformity with their own convictions.

International Covenant on Economic, Social and Cultural Rights (16.12.1966) United Nations

Article 13

1. The States Parties to the present Covenant recognise the right of everyone to education. They agree that education shall de directed to the full development of the human personality and the sense of dignity, and shall strengthen the respect for human rights and fundamental freedoms. They further agree that education shall enable all persons to participate effectively in a free society, promote understanding, tolerance and friendship among all nations and all racial, ethnic or religious groups, and further the maintenance for peace.

2. The States Parties to the present Covenant recognise that, with a view to achieving the full realisation of this right:

(a) Primary education shall be compulsory and available free to all;
(b) Secondary education in its different forms, including technical and vocational secondary education, shall be made generally available and accessible to all by every appropriate means, and in particular by the progressive introduction of free education.
(c) Higher education shall be made equally accessible to all, on the basis of capacity, by every appropriate means, and in particular by the progressive introduction of free education.
(d) Fundamental education shall be encouraged or intensified as far as possible for those persons who have not received or completed the whole period of their primary education.
(e) The development of a system of schools at all levels shall be actively pursued, an adequate fellowship system shall be established, and the material conditions of teaching staff shall be continuously improved.

3. The States Parties to the present Covenant undertake to have respect for the liberty of parents and, when applicable, legal guardians to choose for their children schools, other than those established by public authorities, which conform to such minimum educational standards as may be laid down or approved by the State and to ensure the religious and moral education of their children in conformity with their own convictions.

4. No part of this article shall be construed so as to interfere with the liberty of individuals and bodies to establish and direct educational institutions, subject always to the principles set forth in paragraph 1 of this article and to the requirement that the education given in such institutions shall conform to such minimum standards as may be laid down by the State.

Article 14

Each State Party to the present Covenant which, at the time of becoming a Party, has not been able to secure in its metropolitan territory or other territories under its jurisdiction compulsory primary education, free of charge, undertakes, within two years, to work out and adopt a detailed plan of action for the progressive implementation, within a reasonable number of years, to be fixed in the plan, of the principle of compulsory education free of charge for all.

Universal Declaration of Human Rights (10.12.1948) - United Nations

Article 18

Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief, and freedom, either alone or in community with others and in public or private, to manifest his religion or belief in teaching, practice, worship and observance.

Article 26

1. Everyone has the right to education. Education shall be free, at least in the elementary and fundamental stages. Elementary education shall be compulsory. Technical and professional education shall be made generally available and higher education shall be equally accessible to all on the basis of merit.
2. Education shall be directed to the full development of the human personality and to the strengthening of respect for human rights and fundamental freedoms. It shall promote understanding, tolerance and friendship among all nations, racial or religious groups, and shall further the activities of the United Nations for the maintenance of peace.
3. Parents have a prior right to choose the kind of education that shall be give to their children.