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Eurydice

EACEA National Policies Platform:Eurydice
Fundamental principles and national policies
Spain

Spain

1.Organisation and governance

1.1Fundamental principles and national policies

Last update: 20 January 2026

The Spanish education system is governed by the 1978 Constitution (Constitución Española) and a set of organic laws. Article 27 of the Constitution recognises the right to education and freedom of teaching and, furthermore:

  • establishes that education must promote the full development of the personality;
  • guarantees the right of parents to ensure that their children receive religious and moral instruction in accordance with their own convictions;
  • establishes the compulsory and free nature of basic education;
  • guarantees the participation of the education community in publicly funded schools;
  • recognises the freedom to establish educational institutions and university autonomy;
  • entrusts public authorities with the planning, inspection, and accreditation of the education system. 

The preamble of the Organic Law 3/2020 (LOMLOE) incorporates approaches aimed at strengthening the equity and inclusive capacity of the system: children's rights, as set out in the United Nations Convention on the Rights of the Child (1989) ratified by Spain in 1990, gender equality and co-education, personalised learning, sustainable development (in accordance with the 2030 Agenda), and digital competence.

These principles are further specified in Article 1 of Organic Law 2/2006 (LOE), as amended by LOMLOE, which also affirms the right to quality education for all students and the principles of equity and inclusion (with special attention to inequalities arising from any type of disability, in accordance with the Convention on the Rights of Persons with Disabilities, ratified by Spain in 2008). The same article stipulates that the Spanish education system shall be guided by principles such as the transmission of democratic values, lifelong learning, educational flexibility, guidance, individual and shared effort, the essential role of families, school autonomy, the participation of the education community, education for coexistence and the prevention of violence, effective equality between women and men, recognition of the teaching profession, innovation, system evaluation and cooperation between public administrations, as well as freedom of education and education for the ecological transition.

Article 2 of the LOE, as amended by the LOMLOE, defines the aims of the non-university education system as follows:

  • the comprehensive development of students and education in fundamental rights, equality, and non-discrimination;
  • responsibility and effort;
  • the practice of tolerance and democratic coexistence, education for peace, human rights, social cohesion, and sustainable development;
  • the ability to regulate one's own learning, creativity, and initiative;
  • recognition of Spain’s linguistic and cultural diversity and the development of communicative competence in official and foreign languages;
  • the acquisition of knowledge, work habits, and healthy lifestyles, as well as professional and social training;
  • preparation for citizenship and social and cultural participation, including training for the digital society and the safe and respectful use of digital media.

In the field of higher education, Article 2 of Organic Law 2/2023 on the  University System (LOSU) assigns the following functions to universities in service to society:

  • student education;
  • professional training;
  • generation and transfer of knowledge;
  • promotion of innovation;
  • contribution to social well-being;
  • cultural and scientific dissemination and the fostering of critical thinking;
  • continuing education;
  • promotion of citizen and university participation in activities aligned with the principles of the university system.