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The Prosecutor's Office for Minors has coordinated the response that the Public Ministry will give in cases in which, before the school year marked by the coronavirus, there is school absenteeism without justification.

The Prosecutor's Office explains that, although the concern about a possible contagion is "understandable and shared", schooling between the ages of six and 16 is still mandatory.

"The attendance of the students in person constitutes an inescapable obligation for the parents or guardians of the affected minors. Their voluntary, unjustified and persistent neglect will entail the legal consequences derived from the breach of the duties inherent to parental authority, as has been the case in usual way up to now in cases of absenteeism ", he says.

The situation will be studied

The statement from the Prosecutor's Office specifies that cases of absenteeism remain, in principle, in the hands of the educational authorities, and that prosecutors will only study

a posteriori

cases of "repeated and unjustified" absence.

In these cases, they will review the administrative file and open proceedings to "individually weigh the concurrent circumstances in each case. The answer will be adapted" to the specific situation of the affected students and their respective families.

It will take into consideration, he indicates, "the current pandemic situation derived from COVID-19, and the unique scenario derived from the health risks present not only in the school environment, but also in the family."

Finally, the Prosecutor's Office will go ahead "only those cases that lack a clear and final justification for the exemption, even temporary, from the duty of attendance in person."

In these cases, the prosecutor will continue with the proceedings "for the purposes of bringing criminal action against those parents or guardians who have allegedly infringed the duties inherent to parental authority."

According to the criteria of The Trust Project

Know more

  • Childhood

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