Saturday, 31 January 2009

Spanish Supreme Court bars boycott of Civics Class

It has sparked considerable controversy in Spain and it suggests some possible limits that might be set by courts to legitimate boycotts. Thousands of parents in Spain have pulled their children out of a civic education class that covered (among many other issues) themes such as gay rights and stem-cell research. The parents claimed that this was a case of conscientious objection and that forcing their children to attend such classes interfered with their right to educate their children as they wished. They were encouraged by some within the clergy and Conservative run regional governments.
A number of regional courts rendered judgements on the issue. One decision by the Andalucian Tribunal superior de justicia, basing itself on Spanish constitutional and European human rights law considered that "conscientious objection" was "directly applicable" in Spanish law, even though it has not been regulated by the law. A similar case brought in Asturias but which had been rejected by the highest tribunal there was appealed to the Spanish Supreme Court. The parents made an argument mostly on the basis of their own, generally Catholic, morality. They argued that it was not for the state to impose a moral order on them. The Court, after long deliberations, rejected it by a majority of 22 to 7. The Court argued that the laws making civics class compulsory did not by themselves violate the parent's "fundamental right that their children receive the religion and moral training that is in agreement with their own beliefs" (article 23 of the Spanish constitution).
The case may yet be appealed to the Constitutional court and eventually make its way to the European Court on Human Rights in Strasbourg.

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