Article 27 of the Spanish Constitution: Right to Education and Its Principles

Article 27 of the Spanish Constitution: The Right to Education

Art. 27 After the approval of the Constitution of 1978, Spain began the construction of a democratic State of Law and social justice. Stated in its Article 14, Spanish law guarantees fundamental rights to all Spaniards with equality and without discrimination for reasons of birth, race, sex, religion, opinion or any other personal or social condition or circumstance.

The Constitution of 1978, Article 27, recognizes and guarantees the right to education and establishes the following principles:

• Everyone has the right to education. Freedom of teaching is recognized.
• Education shall aim at the full development of human personality in respect of democratic principles of coexistence and of fundamental rights and freedoms.
• Public authorities guarantee the right of parents to ensure that their children receive religious and moral education in accordance with their own convictions.
• Basic education is compulsory and free.
• Public authorities guarantee the right of everyone to education, through general programming of teaching, with the effective participation of all affected sectors and the creation of educational centres.
• Individuals and legal entities are recognized the freedom to create educational centres, within the respect of constitutional principles.
• Teachers, parents and, where appropriate, students shall participate in the control and management of all publicly funded educational centres, under the terms established by law.
• Public authorities shall inspect and homologate the educational system to ensure compliance with the laws.
• Public authorities shall help educational centres that meet the requirements established by law.
• The autonomy of universities is recognized, under the terms established by law.
• Subsequent educational legislation may not depart from the constitutional principles established in 1978.

Principles Derived from Article 27

Article 27 of the Constitution and its principles produced five fundamental consequences:

• Freedom of education is treated in a broad, non-restrictive sense, as a concept that includes all freedoms and rights in the field of education.
• Title III of the LODE regulates the organization of public educational centres, and Title IV deals with private centres, in line with Article 27.7 of the Constitution and its participatory conception of school activity.
• Title IV of the LODE regulates the regime of concerts through which private centres that, together with public ones, effectively guarantee the right to free education receive public funding, in accordance with Article 27.9 of the Constitution, which establishes the requirements these centres must meet.
• The participation principle of Article 27.7 safeguards the freedoms and rights of all members of the school community. Furthermore, the regulation of school funding is established by concerts, based on the standards of coexistence, freedom, tolerance and pluralism, which serve as an extension of the constitutional agreements in the field of education.
• Through Royal Decree of 27 April 1983, measures aimed at compensating for educational inequalities were ordered, starting a new legislative stage that responds to the constitutional mandate to compensate for social and cultural inequalities. Its purpose is to reduce school failure among pupils at a socio-cultural disadvantage.

Organic Law on the Right to Education (LODE)

By means of the Organic Law of 3 July 1985 regulating the right to education (LODE), the constitutional right is recognized for Spaniards and for all foreigners residing in Spain, without this right being limited to prevent discrimination based on social, economic or residence reasons.