Freedom and Education Rights in Spain. The case of the parental pin from Murcia

Abstract

This article will analyze the figure of the parental pin, which was implemented in Spain in the Region of Murcia in 2019. This measure allowed parents the power to authorize the participation of their children in complementary educational activities that were taught in educational centers, especially those related to sexual education. The legal implications of the parental pin will be examined, especially from the constitutional perspective and how it affects the right to education. In addition, the conflict between the right to education and the right of parents to educate their children according to their moral and religious convictions will be considered. The current problem that exists between these rights will be emphasized, addressing the examination of some relevant figures such as conscientious objection, and pointing out the doctrinal and legal positions in this regard. From the analysis, a series of conclusions will be drawn that will expose how to adjust a correct balance of these rights.