Spain
In Spain, the "Organic Law 4/2000, of January 11, on the Rights and Freedoms of Foreign Nationals in Spain and their Social Integration" (subsequently amended by LO 8/2000, LO 14/2003, LO 2/2009, LO 10/2011, RDL 16/2012 and Judgement 13/2021) is the basic norm that regulates the integration of foreigners. Its "article 2 bis. Immigration policy” establishes that "All Public Administrations shall exercise their immigration powers in accordance with the following principles: (...) (c) the social integration of immigrants through transversal policies aimed at all citizens; (d) effective equality between women and men; e) the effectiveness of the non-discrimination principle and, consequently, the recognition of equal rights and obligations for all those who live or work legally in Spain, based on the provisions in the Law (...)". Moreover "Article 2b. The Integration of Immigrants" proposes that "1. The public authorities will promote the full integration of foreigners into Spanish society, within a framework of coexistence of diverse identities and cultures (...). 2. Public Administrations shall incorporate the objective of integrating immigrants into the host-society, transversally, across all public policies and services, promoting immigrants’ economic, social, cultural and political participation (...). In particular, they shall promote, through training actions, awareness, knowledge and respect of Spain’s constitutional and statutory values, the values of the European Union, as well as human rights, public freedoms, democracy, tolerance and equality between women and men. Moreover, they shall develop specific measures to promote their incorporation into the educational system and, in any event, will guarantee the schooling of children of a compulsory schooling age, the learning of all official languages, and access to employment, the latter being considered as essential factors for integration".
Among the issues raised above, in Spain, the schooling of all foreigners under 16 years of age is guaranteed, regardless of their administrative situation (article 9 of Organic Law 4/2000). In addition, "Organic Law 3/2020 amending Organic Law 2/2006, of 3 May 2006 on Education" establishes inclusive education as a fundamental principle (Article 4).
It is worth recalling that competences in education are transferred to Spain’s Autonomous Communities. Therefore, we can observe how some regional measures promote the maintenance of the culture of origin and the cultural identity of foreign students. But we also encounter programmes that may be undermining this management of cultural diversity. One example is Andalusia’s "Temporary Language Adaptation classes". It consists of a Spanish teaching programme directed towards foreign students who lack knowledge of the language and are taught during school hours by specific teachers. This type of measure has been questioned [1] because it is not compatible with an inclusive model. Indeed, it is linked rather to an integration discourse according to which some children are more different than others, establishing degrees of diversity, placing them on a distinct plane and assigning a different and adapted curriculum.
Finally, we invite you to consult the success story "Active and integrative life in Spain. A dream come true." in the VIW Case Studies Map, available at https://viw.pixel-online.org/case_view.php?id=MTY, where a woman of Polish origin narrates her integration experience in Spain.
References
Porras Vallejo, R., García García, M. & Cotrina García, M.J. “Posibilidades Y Límites Del Programa De Atal En El Marco De Una Escuela Inclusiva”, Revista Educación Inclusiva, (2)1, Jaén, Universidad De Jaén, 2009, 11-28.
Online Resources
Immigration Portal. Ministry of Inclusion, Social Security and Migration
https://extranjeros.inclusion.gob.es/es/normativa/index.html
This Spanish government website presents links to national, EU and international regulations on immigration, asylum and the EU citizenship framework.
Addressing students’ cultural diversity: an overview of Spanish education laws
https://doi.org/10.15366/riejs2017.6.1.021
This article presents a review of educational policy in Spain. It examines how cultural diversity is addressed in addition to ideological aspects and educational challenges.