• Council of Ministers. Isabel Celaá says that her words about the concert were "theoretical" and that it is an "exaggerated controversy"
  • Controversy: Celaá declares war on the concerted by denying the constitutional right of families to choose a school

The acting Minister of Education, Isabel Celaá, said again yesterday that the right to elect a center is not a constitutional right and assured that there are resolutions of the Constitutional Court that support her words. However, the Government spokeswoman avoided mentioning that there are at least three sentences and a car issued by the High Court that support the theses of the concerted school and connect the freedom of education with the right of parents to choose a school for their children. It is the jurisprudence that the patron Catholic Schools wields to affirm that it is right in the face of the minister's claims.

Celaá separates the freedom of education contained in article 27 of the Constitution of the right to choose a center. The legal sources consulted maintain that what they affirm "is not exact from the legal point of view", since, over the years, the judgments of the TC "have given more and more weight to the right of choice of center". It is true that in article 27 there is no specific section that "literally" details this right, but the same sources point out that the doctrine has recognized that "the right of choice of center is within the freedom of education", which, this Yes, it is contemplated in the Magna Carta.

In the first place, judgment 74/2018 of July 5 , which endorsed the model of education differentiated by sexes in Cantabria , says that «freedom of education (art. 27.1 CE) also includes the double faculty of parents of to choose the educational center of their children, which may be of public or private ownership, and to choose the religious or moral formation that fits their own convictions, the latter faculty specifically referred to in article 27.3 EC ». "Both faculties, being distinguishable, are obviously related," he emphasizes. "Both have an intimate connection with the right to create educational institutions with their own ideology, not limited to religious and moral aspects," the sentence adds.

And he also says: «This freedom of education is specified in three ways: the right to create educational institutions, the right of parents to choose the center and the religious and moral training they want for their children, and the right of those who lead personally carry out the function of teaching to develop it with freedom ».

Parents and employers are organized "before the attack on the freedom of families"

There is a circumstance that this sentence is cited by the Ministry in an argument with the resolutions of the TC that allegedly give the reason to Celaá, but the minister did not mention it yesterday.

Judgment 10/2014 of January 27 , which denied the protection of the parents of a child in a special education center, did recognize that “there is no difficulty in admitting that everyone's right to education, as a right of freedom, includes the power to choose the teaching center ».

“With regard to the determination by parents of the type of education that their children will receive, this Constitutional Court has affirmed that 'this constitutional right is limited, in accordance with our doctrine, to the prima facie recognition of a freedom of parents to choose a teaching center and the right of parents to have their children receive a religious and moral formation that is in accordance with their own convictions, art. 27.3 CE '».

It is the same as stated in judgment 133/2010 of December 2 and order 382/1996 , which adds that, “under the scope of coverage of art. 27.1 CE it is possible to locate the ability to choose between the various existing centers »and remember that« this court has already revealed the close relationship between the faculty of choosing a teaching center and the right enshrined in art. 27.3 CE, since its exercise constitutes 'a way of choosing a certain religious and moral formation' ».

The minister says that an "artificial controversy" has been generated

Even in judgment 5/1981 , wielded by Celaá to justify his claims, there is some controversy. 5/1981 states that «the right of parents to decide the religious and moral formation that their children must receive, enshrined in art. 27.3 of the Constitution, it is different from the right to choose a teaching center set forth in art. 13.3 of the International Covenant on Economic, Social and Cultural Rights, although it is also obvious that the choice of teaching center is a way of choosing a certain religious and moral formation.

The right of parents to choose a school is, on the other hand, contemplated in article 4.b of the Lode and in article 84.1 of the LOE , both of socialist governments, as well as in article 26.3 of the Declaration of Human Rights of the UN .

Mark the ground

Celaá's words, therefore, can only be interpreted as a way to mark the ground for the concerted school, to warn him that his most sacred mantra - article 27 - is not untouchable and has its limitations. "I could have said more precisely that the freedom of choice of center is not an unlimited right, because people do not have an absolute right to take their children wherever they want, and they would have understood each other better," said educational sources.

It is, in any case, a political message that coincides with the claim of a new government in alliance with United We and the need for the PSOE to mark positions in front of communities like Madrid, which wants to extend the concert to the Baccalaureate. It is also a way to remember that the new educational law will suppress the concept of "social demand" of the Lomce that shields the concerts before a possible closure of units from the autonomous communities.

Celaá said yesterday that "families can be calm" and said that what he said on Thursday before 2,000 Catholics are mere "theoretical disquisitions" that, in his opinion, have caused an "exaggerated controversy fueled artificially." The parents of the Concapa have called on Monday a dozen groups, including AMPAS , unions and employers, to study "possible mobilizations" to "this attack on the freedom of families." Also the concerted laywoman is outraged and considers an "attack" what Celaá said.

PP offensive in defense of concerted education

The Popular Party will launch a "parliamentary offensive" in defense of educational freedom after considering that the Minister of Education and Vocational Training, Isabel Celaá, "has directly attacked concerted education." This was announced yesterday by the Vice Secretary of Communication of the PP, Pablo Montesinos, who was immediately seconded by all the territorial leaders of the party. Celaá said that the freedom of parents to choose a center does not include the freedom recognized in the Constitution. Given those words, "the PP will fight in Congress and the Senate," Montesinos announced. In addition, the PP will present motions in the municipalities and autonomous communities. The text of these initiatives, which EL MUNDO has agreed to, emphasizes that «parents are primarily responsible for the education of their children. That role cannot be substituted or conditioned by the State. On the contrary, parents must be assured that the State protects them and guarantees their rights ». / JUANMA LAMET

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