The Ministry of Education and Vocational Training will appeal through the judicial process any initiative aimed at undermining the right to education and censoring the performance of the teaching centers and their teaching staff, as announced by the Minister of Education and Vocational Training, Isabel Celaá.
The imposition of the so-called 'parental pin' by the Region of Murcia to its educational centers, with which it is intended that the parents of the students have to previously and expressly authorize the attendance of their children to any type of activity held at the school, receiving advance information from all of them, is contrary to the Organic Law of Education (LOE) , the own regional norms of this region, as well as the Law Against Gender Violence. This initiative has also generated great controversy and rejection by the educational community.
The instructions for the beginning of the 2019-2020 course of the Region of Murcia include the obligation for all educational centers to impose this 'prior censorship' for all the activities of the centers. However, students have the obligation to attend the complementary activities programmed by the educational centers, which are also evaluable. The veto on the part of the parents to the attendance of the students to these activities would suppose an "objection of covert conscience" that could be applied to curricular contents and that goes against the Spanish legislation.
"Any rule that includes this prior censorship, this veto, would violate the rights of the students to receive an integral education, for the full development of the human personality in the respect to the democratic principles of coexistence and the fundamental rights and freedoms" , said Isabel Celaá.
This veto collides with the fundamental constitutional right to education, in addition to contravening various international treaties ratified by Spain (Children's rights convention, Universal Declaration of Human Rights), as well as the Memorandum of the European Commission against Racism and Intolerance, educational regulations, legislation on violence and specific regulations on LGTBI matters.
The educational regulations also prescribe that it is the teachers, within the framework of the pedagogical autonomy of the educational centers, who have the competence to design the complementary activities they deem appropriate and thus comply with the provisions of the corresponding curricula.
The Constitutional Court itself has indicated in several sentences that the right to conscientious objection only exists in our system in cases expressly contemplated by the Constitution and laws.