Las sentencias del Tribunal Supremo de 11 de febrero de 2009 sobre Objeción de conciencia a Educación para la ciudadanía
The implementation of the subject generically called "Education of Citizenship" in Spain's educational system has given rise to an unprecedented social reaction in Spain and an intense legal debate. In this case a conflict is posed between obligatory compliance with the law that regul...
| Published in: | Revista española de derecho canónico |
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| Main Author: | |
| Format: | Print Article |
| Language: | Spanish |
| Check availability: | HBZ Gateway |
| Journals Online & Print: | Drawer...
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| Fernleihe: | Fernleihe für die Fachinformationsdienste |
| Published: |
2009
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| In: |
Revista española de derecho canónico
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| IxTheo Classification: | KBH Iberian Peninsula SA Church law; state-church law SB Catholic Church law |
| Further subjects: | B
Liberty of conscience
B Religious freedom B Education B Conscientious objection B War B Conscience B Spain |
| Summary: | The implementation of the subject generically called "Education of Citizenship" in Spain's educational system has given rise to an unprecedented social reaction in Spain and an intense legal debate. In this case a conflict is posed between obligatory compliance with the law that regulates education (at its basic levels) as both a right and duty and the necessary defence and protection of the fundamental rights to ideological and religious freedom and freedom of conscience, as well as the right of parents to determine the moral education of their children in line with their own convictions, which pose limits to the educational action of the public authorities. The instrument that parents have used to assert these rights is a declaration before the Administration of concsientious objection, with more than 52,000 objections having been counted, giving rise to almost 3,000 judicial procedures taking place in the courts of justice for this reason. The Supreme Court pronounced on this topic for the first time in four judgements handed down by the court that hears appeals against administrative decisions on 11 February, 2009. These are interpretative judgements which, however, have not definitively settled the issue since the conflict submitted to the magistrates has not really been resolved. This paper analyzes the judgements and brings to light their contradictions and weak argumentation |
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| ISSN: | 0034-9372 |
| Contains: | In: Revista española de derecho canónico
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