Fundamental rights and the educational ideology of the constitution

Abstract

The regulation of the educational rights has proven to be one of the most troubled of the Spanish constitutional experience. If in the 80s the conflict revolved around the articulation of public education and social initiative (and funding of such education) and discussions between internal and external pluralism in education, in recent years has emerged dissent about what is meant by education. In this sense, the debate has gained currency in the constitutional educational ideology. In this paper is examined the existence and scope of the educational ideology of the Constitution, from its projection in the resolution of legal disputes in this area that have taken place in recent years. Firstly, is analyzed the issue of home schooling, and its relationship with the above mentioned educational ideology of the Constitution, in order to determine what is the purpose of education. Secondly, and given that the Constitutional Court considers that education has a purpose of social integration that goes beyond the transmission of knowledge, civic aspect of education is analyzed, from the controversy generated by the introduction into the curriculum of the subject «Education for Citizenship». Third, and in view of the constitutional relationship between ideology and institutional education is considered the legitimacy of the schools specialized by sex. Finally, from the considerations in the above cases, is proposed a restrictive conception of the educational ideology of the Constitution in order to preserve political pluralism and the distinction between state and society, basis of a democratic society.