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Religious indoctrination in education is constitutionally protected. However, there is no constitutional right to an education in the natural sciences free from, say, flat earthers, evolution deniers, or other pseudoscience.

If you are not convinced, try it on someone who has not been entirely debauched by economics. — Piero Sraffa
by Migeru (migeru at eurotrib dot com) on Sun Sep 2nd, 2012 at 05:34:32 AM EST
[ Parent ]
You are twisting things and hard. Yes you are protected and even privileged as I said above. You have a choice...that's your protection. What you want is to take that choice for those who do not follow your ideology.

Science without religion is lame, religion without science is blind...Albert Einstein
by vbo on Sun Sep 2nd, 2012 at 05:54:16 AM EST
[ Parent ]
No, I'm not, I'm quoting
The public authorities guarantee the right of parents to ensure that their children receive religious and moral instruction in accordance with their own convictions.
There is no specific language anywhere to guarantee the right to ensure children receive evidence-based natural science instruction.

There is general language to protect the right to education. And then the constition drafters feel the need to make an explicit mention of the right to religious indoctrination.

If you are not convinced, try it on someone who has not been entirely debauched by economics. — Piero Sraffa

by Migeru (migeru at eurotrib dot com) on Sun Sep 2nd, 2012 at 06:03:27 AM EST
[ Parent ]
Maybe but it is already there well established in practice of education.
Same way I can argue that I have not protection for my child to be exposed to Darwinism...all tho you are protected for your child to attend compulsory religion classes.
Do not get me wrong I have nothing against science as such and I do not see antagonism between science and God ( as churches and many of them used to preach for centuries). It was wrong. Science can be very wrong too often.We are witnessing how thanks to new developments in science science itself corrects itself.

Science without religion is lame, religion without science is blind...Albert Einstein
by vbo on Sun Sep 2nd, 2012 at 06:15:14 AM EST
[ Parent ]
Maybe but it is already there well established in practice of education.

Appeal to tradition is not a valid argument.

Same way I can argue that I have not protection for my child to be exposed to Darwinism

Appeal to pseudoscience is not a valid argument.

- Jake

Friends come and go. Enemies accumulate.

by JakeS (JangoSierra 'at' gmail 'dot' com) on Sun Sep 2nd, 2012 at 06:19:02 AM EST
[ Parent ]
Appeal to tradition is not a valid argument.

Custom is one of the wellsprings of law, though.

If you are not convinced, try it on someone who has not been entirely debauched by economics. — Piero Sraffa

by Migeru (migeru at eurotrib dot com) on Sun Sep 2nd, 2012 at 06:52:24 AM EST
[ Parent ]
"It's the law" isn't, in and of itself, a valid argument either.

It's also against Swiss law to publish the names and account statements of tax frauds. That's not an argument for not doing it, it's an argument for making sure you get paid well enough that you never have to go back to Switzerland again.

- Jake

Friends come and go. Enemies accumulate.

by JakeS (JangoSierra 'at' gmail 'dot' com) on Sun Sep 2nd, 2012 at 07:07:10 AM EST
[ Parent ]
"It's the law" isn't, in and of itself, a valid argument either.

That depends on the frame you're arguing in.

Natural rights? Legal positivism? Others?

But the choice of frame is at the level of conviction. Once you ascertain that (say) you're a legal positivist and the other guy is a natural rights advocate, that's pretty much the end of productive discussion.

If you are not convinced, try it on someone who has not been entirely debauched by economics. — Piero Sraffa

by Migeru (migeru at eurotrib dot com) on Sun Sep 2nd, 2012 at 07:39:46 AM EST
[ Parent ]
"It's the law" can be trivially refuted by reducto ad absurdum: The law is not always consistent, so A and NOT(A) can be illegal at the same time. Meaning it can't be a valid argument in any frame that does not recognize copious use of special pleading as a valid argument.

(As a corollary, any authoritarian frame has to rely on special pleading for those cases where the authority - being human, and therefore imperfectly consistent - makes both A and NOT(A) taboo at the same time.)

- Jake

Friends come and go. Enemies accumulate.

by JakeS (JangoSierra 'at' gmail 'dot' com) on Sun Sep 2nd, 2012 at 07:45:11 AM EST
[ Parent ]
 "their children receive religious and moral instruction in accordance with their own convictions."

That seems to give the parents the right to educate their children according to their own convictions.

If "an education in the natural sciences free from, say, flat earthers, evolution deniers, or other pseudoscience".  is part of their own moral convictions, I don't see the problem.

by IM on Sun Sep 2nd, 2012 at 06:41:23 AM EST
[ Parent ]
But then you have to argue that evidence-based natural science is a moral conviction.

And then we're back to trying Galileo in a religious court for the temerity of looking at the world with his own eyes and drawing rational conclusions.

So, from an epistemological point of view, the law protects faith and doesn't protect evidence.

If you are not convinced, try it on someone who has not been entirely debauched by economics. — Piero Sraffa

by Migeru (migeru at eurotrib dot com) on Sun Sep 2nd, 2012 at 06:58:36 AM EST
[ Parent ]
So it isn't your moral conviction that evidence based science should be taught?

It certainly is one of my moral convictions.

by IM on Sun Sep 2nd, 2012 at 07:06:37 AM EST
[ Parent ]
It may be the conclusion of this whole debate that yes, politics reduces to moral conviction in the final analysis. Even the role of evidence depends on having the conviction that it plays a role.

And once a discussion gets to the point of ascertaining that the discussants have different convictions, maybe it's time to stop it as no more light will come out of the heat. as in this case.

If you are not convinced, try it on someone who has not been entirely debauched by economics. — Piero Sraffa

by Migeru (migeru at eurotrib dot com) on Sun Sep 2nd, 2012 at 07:27:59 AM EST
[ Parent ]
I don't get your position on this.

Let me reformulate the constitution:

Parents have the right to expose their children to evidence based science.

What is gained in this expression that is not already included in "their convictions"?

by IM on Sun Sep 2nd, 2012 at 07:40:44 AM EST
[ Parent ]
Nothing. Children should have the right to be exposed to evidence-based education.

In principle, I'm not sure what's gained by giving parent the power to indoctrinate children in their own convictions.

Except that your wording would allow parents to fight a state school teacher who peddled prejudices not based on evidence in a science class.

Private schools are, of course, a different matter. If you don't like sectarian teaching don't take your child to a sectarian school. Which is why those kinds of legal protections of parent's rights to a particular kind of education for their children imply the need for state schools where the appropriate teaching is delivered.

If you are not convinced, try it on someone who has not been entirely debauched by economics. — Piero Sraffa

by Migeru (migeru at eurotrib dot com) on Sun Sep 2nd, 2012 at 07:50:05 AM EST
[ Parent ]
In principle, I'm not sure what's gained by giving "parent the power to indoctrinate children in their own convictions."

That is another question regarding the balance of the power of the state to educate children and the parents power to educate children.

And this right to determine the religious and moral education according  to their convictions only makes sense in context of a state education system.

So you interpret this article as a right of parents to interfere with state education of their children only in the realms of religious and moral education, but not in all other school subjects.

So they couldn't complain about teaching of creationism in biology because this is not a religious or moral subject.

Yes, that is an plausible interpretation.

I interpreted moral convictions probably to generous. Is someone tried to argue that proper science education was part of his moral convictions it probably wouldn't work.

by IM on Sun Sep 2nd, 2012 at 08:05:24 AM EST
[ Parent ]
But the article doesn't say "education on the basis of moral convictions", it says "religious and moral education on the basis of their convictions".

So generic "convictions" are protected, but only in the realm of "religious education".

Anyway, let's quote the full article for context:

Section 27 1. Everyone has the right to education.
Freedom of teaching is recognised.
2.    Education shall aim at the full development of human personality with due respect for the democratic principles of coexistence and for basic rights and freedoms.
  1. The public authorities guarantee the right of parents to ensure that their children receive religious and moral instruction in accordance with their own convictions.
  2. Elementary education is compulsory and free.
  3. The public authorities guarantee the right of all to education, through general education programming, with the effective parti- cipation of all sectors concerned and the setting-up of educational centres.
6.    The right of individuals and legal entities to set up educational centres is recognised, provided they respect constitutional principles.
7.    Teachers, parents and, when appropriate, pupils shall participate in the control and management of all centres supported by the Administration out of public funds, under the terms established by the law.
8.    The public authorities shall inspect and standardise the educational system in order to ensure compliance with the laws.
9. The public authorities shall help the educational centres which meet the requirements established by the law.
10.    The autonomy of Universities is recog- nised, under the terms established by the law.
[PDF from Spain's Congress]

If you are not convinced, try it on someone who has not been entirely debauched by economics. — Piero Sraffa
by Migeru (migeru at eurotrib dot com) on Sun Sep 2nd, 2012 at 08:12:44 AM EST
[ Parent ]
I[f] someone tried to argue that proper science education was part of his moral convictions it probably wouldn't work.

That's interesting. Why?

(I actually agree, but you're the lawyer :-)

If you are not convinced, try it on someone who has not been entirely debauched by economics. — Piero Sraffa

by Migeru (migeru at eurotrib dot com) on Sun Sep 2nd, 2012 at 08:19:24 AM EST
[ Parent ]
"their children receive religious and moral instruction in accordance with their own convictions."

That seems to give the parents the right to educate their children according to their own convictions.

But only in the realm of religious and moral instruction. In other realms, the parents' convictions don't matter, apparently?

If you are not convinced, try it on someone who has not been entirely debauched by economics. — Piero Sraffa

by Migeru (migeru at eurotrib dot com) on Sun Sep 2nd, 2012 at 07:43:52 AM EST
[ Parent ]

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