Title: Constitutional educative ideology as limitation upon educative freedoms: the case of Spain

Authors: Benito Aláez Corral

Addresses: Department of Public Law, University of Oviedo, Campus del Cristo s/n, E-33006 – Oviedo, Spain

Abstract: This article reconstructs with the help of International Human Rights Law and European Comparative Constitutional Law, the normative meaning of the so called 'constitutional educative ideology', set by art. 27.2 Sp. Const. that establishes civic-democratic education as constitutional aim of education and therefore limits educative freedoms. The possible unconstitutionality of single-sex education and the lack of constitutional protection of homeschooling and parental objection to civic education courses are shown as examples of these limitations.

Keywords: constitutional law; fundamental rights; right to education; educative freedoms; constitutional educative ideology; constitutional aims; education for citizenship; parental objections; civic education; single-sex schooling; home schooling; human rights law; constitutional protection; Spain.

DOI: 10.1504/IJHRCS.2014.065281

International Journal of Human Rights and Constitutional Studies, 2014 Vol.2 No.3, pp.202 - 225

Published online: 31 Oct 2014 *

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