Isabel Díaz Ayuso’s appeal is closer to political success than judicial success. According to the jurists consulted, it has little experience in the Supreme Court because it is “very difficult to prove” the “ideological” bias or the “lack of content” in the state curriculum.
Madrid sees violated principles of the Constitution and the Education Law in terms of “quality”, “equity”, “equality and” personal freedom “. He believes that the purpose of the Baccalaureate of giving “training, intellectual and human maturity and knowledge” to the student is not fulfilled. He sees it “contrary” to the objective of “knowing and critically assessing the realities of the world, its historical background and its main factors of evolution”, among other breaches.
He puts as examples of “indoctrination” that in the subject of History of Spain, in the 2nd year of Baccalaureate, there is an emphasis on concepts such as “multiple identities”, “national identities” or “identity plurality”. And he disfigures the Executive who has removed Al Andalus, the Catholic Monarchs or the Habsburgs and focuses solely on Contemporary History, laminating the one prior to 1812. Hence, Madrid recovers them in its standard.
Fernando Rey, professor of Constitutional Law at the University of Valladolid and former educational advisor of Castilla y León with the PP, says that “it has no chance of prospering.” “Judges do not like to reason in the abstract about indoctrination,” he indicates, and remember that they prefer concrete data, such as a subject (Zapatero’s Education for Citizenship) or the parental pin that Murcia proposed.
He maintains that, among the courts, only the Constitutional Court could enter into an in-depth examination and, if it did, it would agree with the Government. There are various valid interpretations, although different, of History or Philosophy. There is no single correct curriculum », he adds. «All the norms have an ideological load. Only the explicit promotion of values contrary to the Constitution would be unacceptable, ”says Xavier Arbós, Professor of Constitutional Law at the University of Barcelona.
Pablo Nuevo, professor of Constitutional Law and general secretary of the Abat Oliva Ceu University in Barcelona, recalls that, with Education for Citizenship, the TS ruled in 2009 against parents saying that the values that the controversial subject intended to transfer were formulated in a way abstract and it was possible to understand them both in an indoctrinating and neutral way. He came to say that he could not enter and that the families go to court when those values were concretized in the school in an indoctrinating way.
«In the Celáa Law and in the development decrees, ideologization has been taken to the maximum, so that there are political ideas that are omnipresent, while classic contents of education, such as the transmission of knowledge accumulated in our civilization, are reduced to the minimum expression. The question is whether the Supreme Court will want to deal with the problem or whether it will say that these political ideas are susceptible to interpretation in a non-indoctrinating way”, considers Nuevo, who also sees that “the way in which the objectives, contents and evaluation criteria are written make it difficult for teachers to objectively and impartially assess student performance, which may violate one of the facets of the right to education, such as the right to an objective evaluation of students, a facet that is especially important in Baccalaureate , since it can condition the choice of career by the student».
“It would be an omission of the Government, author of the decree in the development of the law, but it is very difficult to prove the illegality by omission”, explains Arbós. «It is not possible to expect legal success from the Ayuso initiative. His success is, in any case, in a political/electoral key against the Government of Sánchez. The guarantee against possible abuse is political and not legal: win elections and change the government and, therefore, the educational curriculum. Having said that, if we were a serious country with a truly democratic culture, the school curriculum would be a matter of State, agreed between experts from the PSOE and the PP, together with representatives of the teaching staff. Only in this way would these periodic skits be avoided, ”says Rey.
In addition to its appeal, the first presented by an autonomous community (Catholic parents have already gone to the Supreme Court for the Primary curriculum), Madrid has developed its own curriculum by reducing those concepts that it considers to be ideologically charged, especially expressions related to identity, sustainability or gender. It has also introduced more content, in line with the Lomce.
Díaz Ayuso has also announced a special plan of the Educational Inspection to review the new textbooks, which include the postulates of the curriculum, and modify what they consider. This inspection is permitted by law as long as it is done a posteriori, that is, once the books are published. Doing it earlier, based solely on the provisional copies that have been sent to schools these days, would be a kind of censorship. The principle of prior supervision of school manuals was eliminated in 1998, precisely when Esperanza Aguirre (PP) was Minister of Education, at the request of the then Secretary General of Education, Eugenio Nasarre, in order to avoid possible indoctrination by governments. autonomous.
In addition to this resource, Ayuso has other educational fights in court. A few days ago, the Superior Court of Justice of Madrid agreed to paralyze its decree in which the requirement to pass the course and achieve the title in ESO and Baccalaureate was maintained, at the request of a CCOO resource. This court has also suspended the circular with which the Madrid Ministry of Education wanted to organize the subjects in ESO.
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