I received this information from my friend Madelen Goiria, who is a law professor in Spain. She writes, on Dec. 19, about recent bad news and good news for Spanish homeschoolers:
A trial case by two couples who homeschooled their children against the wishes of local social services has failed after the Constitutional Tribunal ruled that homeschooling is not a right under Spanish law, and that children must go through a formal educational system.
The Constitutional Tribunal (TC) has stated that the Constitution allows the legislature to set up a system of compulsory basic education and does not recognize the right of parents to educate their children in their own homes.
In a sentence that has just been published, the Constitutional Court dismissed the writ filed by two couples who homeschool their children, but who had been pressured by the local social services to send their children to school.
The good news is that:
However, it notes that the option of compulsory schooling is not required by the Constitution, but is a legislative choice that the Constitution does not prohibit, and therefore "it cannot rule out other legislative options to incorporate some flexibility into the education system and, in particular, basic education."
It's good that Madalen sees a possible solution to this situation and, hopefully, there will be enough support for homeschooling among legislators in Spain to create space for alternatives to school, as well as for alternative schooling. I'll post more about this situation as I learn more about it.