language of instruction

Catalonia's Supreme Court (TSJC) has ruled against the petition filed by the Spanish Ministry of Education that asked to reopen the enrolment process for the next school year in order to use registration forms in which parents could explicitly choose whether they wanted their children to be taught in Spanish as an instruction language. In the last few years, the Spanish Government has been undertaking a judicial battle to change Catalonia's school model, which has been developed with an extremely wide consensus over the last 35 years and completely guarantees the knowledge of both Spanish and Catalan, as results show. The model is based on the linguistic immersion principle, through which children are mostly taught in Catalan, although many flexible measures are included. However, the Spanish Government would like to have Spanish as an instruction language as well, despite most of the pedagogic experts considering that if this were the case, many children from Spanish-speaking environments would not have a proficient knowledge of Catalan and would not be bilingual.

Just 36.3% of Catalans have Catalan as their main language, according to a survey presented on Friday by the Catalan Ministry of Culture and the Catalan Institute of Statistics (Idescat). The survey examining language use in the population of 2013 found that 31% of the Catalan population had Catalan as their mother tongue and a slightly higher percentage usually converse in Catalan as their main language: 36.3%. Nonetheless, 55.1% of those surveyed reported having Spanish as their mother tongue, with 50.7% using Spanish as their main language. In 2003, 46% reported having Catalan as their main language, but this fell to 35.6% by 2008. Additionally, the report found that 94.3% of Catalans surveyed in 2013 could understand Catalan.

In order “to guarantee the general interest”, the Catalan Executive rejects changing “a single comma” of the linguistic immersion model in place in Catalonia’s school system despite the latest judicial sentences forcing to introduce Spanish as a language of instruction, as confirmed by the Government’s Spokesperson Francesc Homs. The Catalan Executive “will continue to implement Catalonia’s Education Law (LEC)” and will file an appeal against last week’s sentence issued by the Catalan High Court (TSJC), interpreting a previous decision from the Spanish Supreme Court. Furthermore, the Catalan Council for Constitutional Guarantees – an independent advisory body on jurisdiction matters – stated that the Spanish Government’s Education Reform is “unconstitutional” and goes against Catalonia’s self-government and its own laws such as the LEC.

The tribunal declares null and void the 2008 Catalan government decree which stated that Catalan “should be used as the language of instruction” for pupils between 3 and 6 years old. The Supreme Court also overturned the article that banned the separation of pupils for linguistic reasons and the one that established that teachers should guarantee that foreign pupils learn Catalan in order to achieve “rapid integration”. The Catalan minister for Education, Irene Rigau, says “all stays the same” because the education law is newer than the decree affected by the ruling and also states that Catalan is the language of instruction in Catalonia.

The Catalan Government appealed the order of the Catalan Supreme Court, which insisted that the Catalan school system should be modified in order to comply with the Spanish Supreme Court’s sentence from last December to include Spanish as language of instruction. With the Government’s appeal, the Court’s deadline is automatically suspended, until the Court decides on the appeal. The appeal is based on two sentences from the Spanish Constitutional Court validating the Catalan school model, as well as on the linguistic immersion principle which guarantees social cohesion and equal opportunities.