Effective Judicial Remedy and Right to Education in Spain
RHS T15: Effective Judicial Remedy
Enshrined in Article 24 of the Spanish Constitution (EC), the right to effective judicial remedy ensures that all persons are entitled to effective protection from judges and courts. This right has two main forms:
- Right of access to the courts: Available to all individuals, including foreigners and legal entities.
- Right to obtain a judicial decision based on law: Requires legally justified and reasonably motivated court orders.
The right to effective judicial protection includes the right to access legally established resources and instances. Any process must respect the right to a contradictory defense, allowing parties to plead and prove their rights. The adversarial principle ensures a fair confrontation between parties. The effectiveness of judicial protection requires the possibility to challenge decisions and the execution of final judgments.
Guarantees:
- Right to an ordinary judge predetermined by law
- Right to defense and assistance
- Right to be informed of the charge
- Right to a public trial (unless exceptions apply)
- Right to trial without undue delay
- Right to use relevant evidence
- Right not to incriminate oneself and confess guilt
- Presumption of innocence
- Right to a trial with all guarantees
- Right to a fair trial
- Accusatory principle
- Principle of equality of arms
RHS T16: Right to Education
The Right to Education is a fundamental right with direct effect, allowing citizens to demand its enforcement. It includes:
- Right to free basic education
- Spread of middle and professional teaching
- Equal access to higher education based on merit
Parents have the prior right to choose their children’s education and create schools. Ownership of this right extends to all people, requiring the state to provide an education system that ensures equal access and removes obstacles to integration. Public education programming must consider equality and accessibility, with admission based on merit and ability.
Limits:
Access to university education may be limited by numerus clausus if justified by capacity. Private education admission is limited by the prohibition of discrimination. The government inspects and approves the education system to ensure compliance with constitutional principles.