Spanish Education for Citizenship: an assault on freedom of education and conscience

CONTENTS

1. Four years of an everlasting strugle. 2. An anomaly in Europe3. A strong social conflict4. The spread of concientious objection5. Contradictions in Court6. The conflict arrives at the ECHR7. Future at a glance

1. FOUR YEARS OF AN EVERLASTING STRUGGLE

1. FOUR YEARS OF AN EVERLASTING STRUGGLE

• In the context of a breaking down educational system.• The most important and relevant change introduced by the

socialist government in their educative law of 2006.• Under the protection of Recomendation 12/2002 EC .• Four both compulsory and evaluable school subjects for children

from 10 to 17 years old and all kinds of schools. • No consensus for its implantation.

2. AN ANOMALY IN EUROPE

2. AN ANOMALY IN EUROPE

• The Spanish subjects go further from the contents or the objectives of the European pattern.

• Designed to shape the conscience of children in a particular ideology.

• Invading sexual and affective privacy.• Methods of grading which include the grading of behaviour

contradicting the right of children and parents to their own privacy.

3. A STRONG SOCIAL CONFLICT

3. A STRONG SOCIAL CONFLICT

• The social conflict has spread to reach every area of the educational community and Spanish public opinion.

• Division among politycal parties and a strong rejection from the Catholic Church authorities.

• An important intellectual debate on the role of family and on the State limits on moral education.

4. THE SPREAD OF CONSCIENTIOUS OBJECTION

4. THE SPREAD OF CONSCIENTIOUS OBJECTION

• 55.000 conscientious objections in 3 years.• More than 70 parents associations to inform, support and help

parents to fight for their right to choose the moral education of their children.

• Every year more than 1000 students remain outside of class during EfC lessons in spite of the Education Administration’s discrimination and threats.

5. CONTRADICTIONS IN COURT

5. CONTRADICTIONS IN COURT

• 2300 judicial complaints. • An 84% of the veredicts rendered by the regional Courts issued

rulings favouring parents. • In February 2009, the Supreme Court, deeply divided over the

issue, rendered four judgements which denied the parents the right to object.

• After these four Supreme Court Judgments the courts in Aragon and Castilla y León differed from the Supreme Court and issued rulings favouring parents and it highlighted the "high ethical, moral and ideological weight” of these subjects.

• The case is now in the Constitutional Court.

6. THE CONFLICT ARRIVES AT THE ECHR

6. THE CONFLICT ARRIVES AT THE ECHR

• 321complaints against the Kingdom of Spain.• Violations of the rights contained in the European Convention

on Human Rights:– Right to privacy of the children, – Right of freedom of thought, conscience and religion,– Right of parents to educate their children according to their

own convictions, and the – principle of non-discrimination

7. MIRANDO AL FUTURO7. FUTURE AT A GLANCE7. FUTURE AT A GLANCE

7. FUTURE AT A GLANCE

• A key issue for our fundamental rights, especially after the introduction of compulsory sex education (promoted in new Abortion law)

• Need to finish with objectors (children and parents) prosecution• Need to redesign Spanish EfC according to National Constitution

and European recommendations• Importance of a European alliance for freedom of education

Thank you!