Madrid, July 9. At the end of the year 2007 - 2008, EPC objections to amount to 41 107 in Spain. However, many of these objections have a preventive nature, as was the case with young people who declared themselves conscientious objectors to military service before being called up. Furthermore, it should be noted that so far only been implemented EPC in 3 º ESO in the regions of Andalusia, Catalonia, Asturias, Aragon, Cantabria, Extremadura and Navarra.
Leonor Tamayo, coordinator of the campaign of objection to EPC Professionals for Ethics, says that, according to data provided by local and regional platforms in Navarra have objected to at least 48 students who found in 3 º ESO.
In Andalusia There have been 449 objections (recognized by the Board) of students found in 3 º ESO, so for example only in the province of Cadiz have been 92 students objectors 3 º ESO, these students many have been suspended and others classified as "no show". In Cordoba city are 17 students suspended or unskilled and Jaén 4.
In Cantabria it is reported that there are 11 objectors to EPC in 3 º ESO.
In Aragon, 3 º ESO have objected to at least 27 students, 7 in Huesca, 4 and 16 in Zaragoza Teruel
. Curiously, the final course grade, these students have been since January 1, specifying that promote 4 º ESO.
Barcelona have been at least 46 students in 3 º ESO, some of which have been suspended with 3.
Moreover, according to Leonor Tamayo, many objectors have been forced, under threats and coercion, to come into class without respecting the fundamental right to conscientious objection. Thus, in Cantabria the Ministry of Education has called for schools to ask the note had been made to EpC objectors, threatening that if they were told the note sent to the Educational Inspectorate.
In Asturias, the objectors are also harassed by the Regional Administration. In this community, the Inspectors of Education are giving verbal instructions (avoiding the written tests) to schools to record the objectors. "With this bill," Tamayo says, "put on a commitment to school, you have to deal with parents without an endorsement letter from the Ministry of Education."
"It's funny," says Tamayo, "a subject as EpC theory teaches that democracy and human rights-based imposition of pressures and threats to parents and students, from a lack of absolute respect for fundamental freedoms enshrined in the English Constitution. "
Urcelay
According to Jaime, president of Professionals for ETHICS, the resurgence of the government's campaign of threats to the objectors to EPC, accusing them of absentees, shows that the objector movement is unstoppable. And the central government and regional administrations know.
Legally, according Urcelay, governments that threaten objectors are in a difficult legal position. "Objectors," they say, "follow the law." These are the reasons: §
objectors are complying with the law, specifically
highest standard, the English Constitution (Article 16.1), which recognizes a fundamental right ideological freedom and religious. According to the jurisprudence of the Constitutional Court (Judgement No. 15/82 of 23 April, FJ 6, 53/85 of 11 April, FJ No. 14, 161/87, FJ 3rd), and the Supreme Court (SSTS 16 January and 23 January 1998 and April 23, 2005, among others), conscientious objection is a right that derives from the freedom of thought, recognized in Article 16.1 of the Constitution.
§ In addition, parents objectors argue the law because they require compliance with Article 27.3 of the English Constitution which stipulates that "public authorities should ensure that parents can educate their children according to their moral convictions and religious. "
§ There were two judgments of the Superior Court of Justice of Andalusia (TSJA) that recognize the right to object to the subject and one that says some subject contents violate the "principle of ideological neutrality of public authorities." The three sentences are appealed to the Supreme Court by the Junta de Andalucía and central Government. In addition, the TSJA
has issued more than 20 cars passing interim measures suspending the obligation to undertake EPC until sentencing.
§ In Aragon, the Court of Administrative Litigation Huesca No. 1 family has recognized the right of their children not to pursue as a precautionary measure EpC until sentencing.
§ In Asturias, the Superior Court of Justice has delivered 23 judgments denying the objection for lack of evidence on the content of the subject while recognizing the constitutional right to conscientious objection and the parents to educate their children above the claims of the State. Asturian judgments are appealed by objectors to the Supreme Court.
Urcelay also points out that truancy is the repeated absence from school regularly and without justification, to school, so that in the case of failure to attend a particular class can not speak of such a figure. The student whose parents have objected remains at the center throughout the school day, including hours of EPC. Thus, Article 39.2 of Decree 167/2003 of 17 June (BOJA June 20) of the Ministry of Education and Science of the Junta de Andalucía, defines truancy as "the lack of regular and continuous attendance of students compulsory school age to schools where you are in school, no reason to justify it. "
president of Professionals for Ethics states that "the exercise of a constitutional right as the objection is well justified reason for the student's father is absent specific objection EPC classes. " Therefore, the less present in the school who refuses to parental instruction assistance to EPC classes would not be disaffected, as the law provides as absenteeism only the absence of the school.
This legislation should be added that the First Additional Disposition of the Organic Law of Education (LOE), paragraph 3.,
recognizes the rights of students, "who is respected freedom of conscience and religious convictions moral convictions, according to the Constitution. " This same provision of the LOE, in paragraph 5, specifies that "the collective decisions taken by students from the third year of compulsory secondary education, with regard to class attendance will not be considered misconduct and will be subject to sanctions, if they were a result of exercising the right of assembly and previously communicated to the school management '.
