Educational rights: twenty-five years of constitutional experience

Ángel J. Gómez Montoro.


The content of Article 27 of the Spanish Constitution reflects the plurality of competing ideologies that were proffered in the debates that ensued prior to its formulation. But beyond these political factors, its inclusion in the Constitution is inspired by a common interest to uphold the different goods and rights related to education.

The State has the duty to provide for the education of its citizens. This, however, must be compatible with guaranteeing basic educational freedoms such as the right of parents to choose the kind of education they want for their children and the freedom of private individuals or groups to establish educational institutions. It is also duty of the State to ensure that its citizens enjoy equal opportunities in having access to quality education. In the past twenty-five years, we have witnessed the efforts that are being exerted to integrate all these elements. In this regard, the Constitutional Court has played an important role. There is, however, a need to continue in our efforts to fully comply with all the requisites of educational freedoms.


Key words: Right to education, freedom of education, right to establish edu-cational institutions, equality of opportunities in education, economy of education.

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