G.T.B. v. SPAIN JUDGMENT Article 172 (as in force in the period including 1989-1991) “1. The public entity entrusted with the protection of minors in the respective territory shall, by operation of the law, have guardianship of those who are in a situation of helplessness. A situation of helplessness is considered to be that which occurs de facto as a result of the non-fulfilment, or the impossible or inadequate exercise of the duties of protection established by the law for the guardianship of minors, when they are deprived of the necessary moral or material assistance. 2. The public entity shall assume guardianship only for such time as is necessary, when those who have authority over the minor so request on the grounds that they are unable to care for him or her owing to illness or other serious circumstances, or, in legally established cases, when so agreed by the judge.” Article 172 (as in force during the period from 2000 to 2006) “1. The public entity entrusted with the protection of minors in the respective territory, when it finds that a minor is in a situation of helplessness, shall, by operation of the law, have guardianship of the minor and shall adopt the necessary protective measures for the minor’s care, informing the public prosecutor’s office and notifying the parents, legal guardians or caregivers, within a period of forty-eight hours. ... A situation of helplessness is considered to be that which occurs de facto as a result of the non-fulfilment, or the impossible or inadequate exercise of the duties of protection established by the law for the guardianship of minors, when they are deprived of the necessary moral or material assistance. The transfer of guardianship to the public entity shall entail the suspension of parental authority or ordinary guardianship. However, acts of a financial nature carried out by the parents or legal guardians on behalf of the minor which are beneficial to him or her shall be deemed valid. 2. When the parents or legal guardians, on account of serious circumstances, are unable to care for the minor, they may request the competent public body to take the minor into its care for such time as is necessary. ... Likewise, guardianship shall be assumed by the public entity when so agreed by the judge in the cases in which this is legally prescribed.” 77. Section 1 of Organic Law 8/1985 of 3 July 1985 regulating the right to education reads: “1. All Spaniards shall have the right to a basic education that allows them to develop their own personality and carry out an activity useful to society. Such education shall be compulsory and free at the basic general education level and, where appropriate, in the first grade of professional training, as well as at the other levels established by law. 2. Everyone shall also have the right to access higher levels of education, depending on their aptitudes and vocation, without in any case the exercise of this right being subject to discrimination due to the student’s economic capacity, social status or place of residence. 3. Foreigners residing in Spain shall also have the right to receive the education referred to in subsections one and two of this section.” 78. The relevant provisions of Law no. 29/1998 on judicial administrative proceedings read as follows: 18