European court rejects Catalan immersion challenge, upholds 25% Spanish teaching quota
The European Court of Human Rights dismissed a lawsuit from pro-immersion families in Canet de Mar, ruling that requiring 25% of classroom instruction in Spanish does not violate any rights and that Catalonia's bilingualism justifies the measure.
The European Court of Human Rights (ECHR) in Strasbourg unanimously dismissed the case brought by 21 parents and the cultural group Òmnium Cultural, who argued that a court order forcing the Turó del Drac school to teach at least 25% of subjects in Spanish breached their linguistic rights. The ruling marks the definitive end of a legal saga that began when a single family requested Spanish-language instruction for their child.
The ruling
In its decision, the ECHR noted that Catalonia is a bilingual region where both Catalan and Spanish hold equal official status. The judges stressed that Spanish is the only official language countrywide, and therefore prohibiting its use as a medium of instruction would deny citizens the right to education in the national language.
The court concluded that the disputed judicial order did not abolish the school's linguistic project but merely increased the use of Spanish in one or more subjects, without altering the predominant role of Catalan as a vehicular language.Receiving education in the language of the State is crucial to facilitate equal access of students to the state education system and to preserve the principle of unity of the educational system.
Background of the case
The dispute traces back to 2021, when the Higher Court of Justice of Catalonia (TSJC) ordered an interim measure of 25% Spanish instruction at the Turó del Drac school in Canet de Mar, following a complaint by the parents of a female pupil. In 2023, the same court confirmed that the monolingual Catalan model violated the constitutional right and duty of students to learn the state language. The pro-immersion families exhausted domestic appeals first through the Supreme Court, which rejected the case for lack of cassational interest, and then through the Constitutional Court, which in July 2025 declined to admit it, finding no special constitutional significance.
Key arguments
The ECHR found that the long-standing practice of teaching exclusively in Catalan placed Spanish-speaking families at a significant disadvantage and hindered the reintegration of children who moved to other regions where Spanish is the sole official language. The court also held that Spain had achieved a suitable balance between preserving the unity of the education system and promoting linguistic diversity.
The decision limited itself to increasing the use of Spanish in one or more subjects, without changing the predominant use of Catalan as a language of instruction.
Reaction from Òmnium
Xavier Antich, president of Òmnium Cultural, expressed disappointment and called for a firm, united response. He argued that the ECHR had not considered that Catalonia's language model stems from a law passed by the Catalan Parliament with over 85% support.
Òmnium pointed to a recommendation from the Council of Europe's Committee of Experts of the European Charter for Regional or Minority Languages, which described the judicial imposition of a 25% Spanish minimum as a major source of concern and contrary to Spain's obligations. However, the ECHR recalled that the Charter encourages minority-language teaching but does not prescribe fixed percentages within curricula.The Catalan school model is central to the permanent construction of this country and the defence of the Catalan language.
Broader implications
The ECHR ruling comes as Spain's Constitutional Court still has to rule on a 2022 Catalan law, endorsed by ERC, Junts, PSC and Comuns, that was designed to sidestep the TSJC's 25% mandate, and on a related decree approved by the then government of Pere Aragonès. The Strasbourg decision does not directly settle the constitutionality of that legislation, but it reinforces the view that a balance must be struck, and that a blanket refusal to use Spanish in classrooms is incompatible with the constitutional order.
- TSJC orders interim 25% Spanish instruction at Turó del Drac school
- Constitutional Court declines to hear appeal
- ECHR dismisses case, upholds 25% Spanish requirement
