The set of principles in the Constitution on education as the grounds for excluding gender-differentiated schools from public funding

Abstract

This article tries to show that from a constitutional adequate construction of the educative rights, it is possible to restrict public subsdies (conciertos) to the private schools that co-educate and exclude from them the private schools that educate each single sex separated, then this single sex education is less capable —if not unable— to implement the «constitutional educative ideology», to which belongs the education for a real and effective equality of men and women. This is sustained by the fact that the education in the full observation of the democratic principles and values, as well as of the fundamental rights, represents, as the «constitutional educative ideology», the main aim of the educative rights set in Sec. 27 Sp. Const., and binds all educative liberties consisting thereof, whereas the single sex education methodology could in the best case improve the knowledge-learning capabilities of separated boys and girls, but never contribute to their education in the constitutional value of the gender equality of men and women, because of their separation.