The Association for Free Education, before the Judgement issued by the Constitutional Court, in which denied the right to a family from Malaga to educate their children at home, and in the interpretation of that sentence has been some media, aims to highlight the fact that a sentence, by itself, does not create law so its effective implementation is not comparable to that of legislation force.
As to the merits, we believe that the fundamentals of the sentence containing some legal uncertainties that result from the lack of a clear positioning in the English legal framework. The Constitutional Court made a narrow interpretation of the right of parents to choose education for their children (right, however, give both the English Constitution and the Universal Declaration of Human Rights). However, he admits that "it is rule out other legislative options to incorporate some flexibility into the education system and in particular basic education," which indicates an invitation to the legislator to finish once and for all the legal vacuum in which this option is currently education in Spain and leaving families in a state of absolute helplessness and uncertainty. Do not forget that, despite this void, the English courts are interpreting the law in an entirely favorable to home schooling and, in particular, freedom of choice of each family.
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