We defend

Inclusive education is a right recognized in our laws for years. On this page, you will find the steps to file a complaint if you believe the right to education is being violated. Also, a brief selection of fundamental legal texts. Using these laws can help us change reality.

Infographic 'Steps to file a complaint'. Access the full description in the accompanying text.

Steps to file a complaint for alleged violation of the right to education

In easy reading

Alejandro Calleja, Rubén’s father, has unfortunately had to develop extensive knowledge of the available procedures to respond to an alleged violation of the right to education. His fight in his son’s case now aims to light the way for those who find themselves in the same situation as his family.

This infographic summarizes in a very concise and graphic way the steps to follow to file a complaint for free. If you click on the image or the button below, you can download it in PDF, which keeps all the active links to expand the information.

Step 1

The violation of the right to inclusive education is the violation of a human right. This right is protected by:
  • The Convention on the Rights of Persons with Disabilities in articles 24 and 7.
  • The Spanish Constitution in articles 14, 27 and49.
  • The area of special protection for persons with disabilities of thePublic Prosecutor’s Office.

Step 2

If the educational administration issues a discriminatory and segregating schooling report, based on an inadequate psycho-pedagogical report, it violates the right to inclusive education. Discriminatory reports include assignment to a special center, a specific classroom, or combined modalities.

Step 3

In 2020, a legal norm was created that obliges the Spanish State to comply with the Committee’s Opinions on the Convention on the Rights of Persons with Disabilities. This obligation is supported by articles 10.2 and 96.1 of the Spanish Constitution, and by the Optional Protocol to the Convention.

Step 4

To file an urgent complaint with the Committee on the Rights of Persons with Disabilities, you must first file a complaint with national public institutions. The harm from violating your rights can be irreparable because justice is slow to act. You can carry out these procedures personally. They are free of charge and do not require a lawyer or legal representative.

Important

To file the complaint, you can go to these public institutions:
  • The Ombudsman.
  • The Children’s Ombudsman.
  • The regional Ombudsman.
  • The Prosecutor’s Office for minors and disability.
  • The National Office for the Fight against Hate Crimes (ONDOD).
  • The Office for Attention to Disability (OADIS).
  • CERMI.
  • The independent monitoring mechanism of the International Convention on the Rights of Persons with Disabilities (CRPD).
Download infographic

International Texts

Universal Declaration of Human Rights

“Because all human beings are born free and equal in dignity and rights: Universal Declaration of Human Rights.”United Nations

Convention against Discrimination in Education

“Ratificada por España en 1969, nos comprometimos a derogar todas las disposiciones legislativas y administrativas que entrañen discriminaciones en la enseñanza fundadas en la raza, color, sexo, idioma, religión, opiniones políticas o de otra índole, origen nacional o social, posición económica o nacimiento. ¡La escuela como espacio libre de discriminación!” Naciones Unidas
  • Access the Convention, available in PDF and online.

Convention on the Rights of the Child

“Lo mejor para nuestras hijas e hijos y para todas las niñas y niños del mundo, siempre tiene que darse bajo los parámetros de los derechos que les asisten. Sus derechos están por encima de los nuestros como madres y padres.” Naciones Unidas

Salamanca Statement and Framework for Action on Special Needs Education

In June 1994, 300 people (representing 92 governments and 25 international organizations) met in Salamanca with the aim of examining the changes needed for schools to be able to cater to all children with special educational needs. At this meeting, the Salamanca Declaration and a Framework for Action were approved, documents inspired by the principle of integration and with the aim of achieving a School for All.
 
United Nations and Ministry of Education and Science of Spain

Instrument of Ratification of the Convention on the Rights of Persons with Disabilities, done at New York on December 13, 2006

In March 2007, Spain signed the agreements of the Convention on the Rights of Persons with Disabilities, stating that it ‘approved, ratified, and pledged to fulfill, observe, and ensure its fulfillment.’ At that time, the emotion felt by groups of people with diversity was only comparable to the tremendous disappointment that invades us today (13 years later and after four successive governments) after witnessing the violation of these agreements daily in many areas, and more specifically in education: Article 24. Education. 1. States Parties recognize the right of persons with disabilities to education. In order to make this right effective without discrimination and on the basis of equal opportunities, States Parties shall ensure an inclusive education system at all levels as well as lifelong learning.
 
Head of State “BOE” no. 96, of April 21, 2008
  • Access the document, available in PDF and online. 

Thematic study on the right of persons with disabilities to education for Human Rights

Inclusive education is based on values that reinforce every person’s ability to achieve their goals and considers diversity as an opportunity to learn.
 
Report of the Office of the United Nations High Commissioner for Human Rights
  • Access the study, available in PDF and online.

General comment number 4 (2016) on the Right to Inclusive Education

Inclusive education is not an option, it is a very clear mandate that we have given ourselves as a society. A new culture, new structures, new practices to make a right for all persons and communities effective, to protect ourselves from discrimination, exclusion, and dehumanization
 
Committee on the Rights of Persons with Disabilities of the United Nations

Transforming our world: The 2030 Agenda for Sustainable Development

“De entre los 17 Objetivos de Desarrollo Sostenible, el número 4 tiene por cometido ‘Garantizar una educación inclusiva, equitativa y de calidad y promover oportunidades de aprendizaje durante toda la vida para todos’. Se entiende que es uno de los desafíos globales a los que nos enfrentamos, y no deja lugar a dudas: habla de educación inclusiva.” Naciones Unidas

Report of the inquiry relating to Spain under article 6 of the Optional Protocol

“An investigation by the UN Committee on the Rights of Persons with Disabilities clearly shows that the Spanish education system gravely and systematically violates the right to education of children on the grounds of disability.”
 
Committee on the Rights of Persons with Disabilities of the United Nations
  • Access the report, available in Docx.

Opinion adopted by the Committee under article 5 of the Optional Protocol, in accordance with article 7 (2) of the Optional Protocol

A pioneering ruling worldwide, full of hope, in which the complaint of a single family calls into question an entire education system. A determined family paves the way.
 
UN Committee on the Rights of Persons with Disabilities
Front cover of the Report on the Follow-up to the Investigation on Spain carried out by the Committee under Article 6 of the Optional Protocol to the Convention

Follow-up to the Inquiry on Spain carried out by the Committee under article 6 of the Optional Protocol to the Convention

“Repeal, as a priority and with urgency, any current law that permits or perpetuates the educational segregation of persons with disabilities, through their schooling in special schools or centers and specific units in mainstream classrooms.”
 
UN Committee on the Rights of Persons with Disabilities
  • Access the report, available in Docx.

Spanish legislation (state) on inclusive education

Spanish Constitution

Article 27.2. “Education shall aim at the full development of the human personality within respect for the principles of democratic coexistence and fundamental rights and freedoms.”
 
Article 10. “The dignity of the person, the inviolable rights inherent to them, the free development of the personality, respect for the law and the rights of others are the foundation of political order and social peace.”
 
“Freedom, democracy, dignity, personal development, education… These are not just nice and essential words in our dictionary, but they are associated with recognized and unbreakable rights.”
 
Approved by the Courts.

Organic Law 8/1985, of July 3, regulating the Right to Education (LODE)

Article six recognizes, through an amendment to the LOMLOE in 2020, among the basic rights of students, the right to inclusive and quality education.
 
Head of State “BOE” no. 159, of July 4, 1985.

Organic Law 2/2006, of May 3, on Education (LOE)

Title II, “Equity in education”. Article 74 conflicts with higher-ranking legislation.

“This law leaves open the possibility of a dual schooling model; inclusive or segregating. It tries to make us believe that segregation is beneficial, that society can be compartmentalized and that coexistence is neither possible nor necessary. This message is sent to the educational community without giving it the opportunity to be confronted.”

 
Head of State “BOE” No. 106, of May 4, 2006.

Royal Legislative Decree 1/2013, of November 29, approving the Consolidated Text of the General Law on the rights of persons with disabilities and their social inclusion

Article 18.3 conflicts with legislation of a higher rank.

“Compendium of rights and duties that recognize my son as a full citizen, except for receiving his education in common environments, which, in practice, means lifelong segregation.”

 
Ministry of Health, Social Services and Equality “BOE” no. 289, of December 3, 2013.
  • Access the document, available in PDF and online.

Organic Law 3/2020, of December 29, modifying Organic Law 2/2006, of May 3, on Education (LOMLOE)

The fourth additional provision commits the Government and the Educational Administrations to develop a plan so that, within ten years, in accordance with the UN CRPD and in compliance with the fourth Sustainable Development Goal of the 2030 Agenda, mainstream schools have the necessary resources to provide the best possible support to students with disabilities.
 
Article 28.10 stipulates that curricular adaptations may not prevent promotion or graduation.
 
Head of State “BOE” no. 159, of July 4, 1985.

Judgment number 1597/2023, of the Contentious-Administrative Chamber, Fourth Section, of the Supreme Court

Landmark ruling by the Supreme Court, which upholds the Calleja family’s appeal against the National High Court’s ruling that did not comply with the Committee on the Rights of Persons with Disabilities’ opinion. This establishes jurisprudence regarding the binding nature of the Committee’s opinions.

 
Administration of Justice, Cassation Appeal number: 85/2023, of November 29, 2023.
  • Access the document, available PDF and online.

To learn more

The impact of the International Convention on the Rights of Persons with Disabilities on Spanish educational legislation

M. J. Alonso and I. de Araoz

  • Access the document, available PDF.

Jurisprudential doctrine on the right to inclusive education: evolution

Juan Rodríguez Zapatero

  • Access the document, available in PDF and online.