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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 ]

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