Educational values, constitutional ideary and parent’s right: the question of «pin or parental censorship»

Abstract

To speak of the so-called «parental pin» is to address one of the most current issues in Spain, as evidenced by the Ministry of Education having filed a complaint with the Tribunal Superior de Justicia de Murcia against the Instruction for which it is established. This issue brings together not only the two visions that have been given on education and teaching throughout our history, both present and remote (which would already make the issue relevant), and for its justification two arguments have been used, namely: the right of parents to choose the moral and religious formation of their children, as set out in paragraph 3 of Article 27 of the EC, the first, and their own freedom, the second. In this work, it will be examined whether or not they are sufficient, as well as seeking a balance between the rights of parents and the content of the educational curricula.

Summary:
1.- Introduction. 2.- Secularism of the State. 3.- Right to education, freedom of education and constitutional ideology. 3.1. Educational system and guiding principles. 3.2. Parents’ right to the moral and religious formation of their children (art. 27.3 CE). 3.3. The child as the holder of educational rights and freedoms. 4.- Educational system, educational curriculums and parental involvement. 4.1. Educational curriculums. 4.2. Public-secular school and conscientious objection. 4.3. Freedom academic. 5.- Final considerations.