Constitutional educative ideology as limitation upon educative freedoms: the case of 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.