Fundamental Rights: Judicial Protection and Education

Right to Effective Judicial Protection

The right to effective judicial protection is covered in Article 24.1. It places the individual as a creditor against the State, which must provide the right to be heard. This is the most frequently raised right before the Constitutional Court (TC). It requires the legislature to fill its content. The purpose of the law is to provide procedural guarantees. The holders are all natural persons, as it is considered an inherent right to human dignity.

Three Pillars of Judicial Protection

This right is projected onto three specific areas:

• Right of access to judicial bodies: If a requirement is not met but is rectifiable, the individual must be given the opportunity to address it.
• Right to obtain a decision: The decision must be reasoned and consistent with the request, unless there is a legal cause for the rejection of claims.
• Right to enforce the resolution: The right to ensure that court decisions are carried out.

Guarantees Under Article 24.2

Article 24.2 includes a number of specific guarantees:

• The guarantee of an ordinary judge predetermined by law; it is the legislator who determines who and when, though there are exceptions such as terrorist crimes.
• The guarantee to be informed of the accusation and to be able to defend oneself.
• The right to legal counsel; if one cannot afford to pay, a lawyer will be assigned by the Administration of Justice.
• The guarantee of a public trial without undue delay.
• The right not to testify against oneself or confess guilt.
• The guarantee of the presumption of innocence; the individual is considered innocent and the state must prove their guilt.
• The right to use appropriate evidence, which must be valid and not violate fundamental rights. Evidence must refer to facts, and its denial must be justified.

Right to Education and Freedom of Education

The right to education and freedom of education is covered in Article 27, which is the most extensive article. Academic freedom is conceived as a sphere of autonomy for the teacher to impart knowledge without being affected by the activity of other external agents.

Academic Freedom and the Right to Education

The right to education is a right to provision, meaning the individual has the possibility of requiring the State to provide it for their benefit. Regarding the right to education, the individual is the holder (whether a national or not). In academic freedom, tenure is linked to the object:

• Negative aspect: Viewed as the impossibility of imposing a particular ideology or teacher orientation.
• Positive aspect: The opportunity to submit material deemed relevant. The Constitutional Court (TC) has resolved this problem by modulating the positive side.

There are limits to academic freedom, such as the protection of youth and childhood.

Educational Establishments and University Autonomy

The freedom to found educational establishments applies to both the public and private sectors. Public schools must maintain ideological neutrality, while private schools may introduce their own ideas while respecting constitutional principles. It also allows for the possibility of schools receiving aid. Finally, university autonomy recognizes the autonomy of universities to self-regulate and establish curricula, though this is limited by certain government capacities.