スペインの最高裁は、男女区別の学校の税金での援助:助成金を拒否、不当と判断
The Supreme Court rejected the concerts in schools that segregate by sex
Andalucia and Cantabria can withdraw aid for two schools
Planelles Manuel Sevilla 21 AGO 2012 - 22:24 CET
Schools that admit only students can exist separately in the Spanish educational system. But according to the Supreme Court, "excluding those centers with the possibility of entering the Competent their support from public funds." Two recent judgments of the fourth section of the Litigation Division, referred to two centers in Cantabria and Andalusia, leave out the legality of concerts with secondary schools that segregate by sex. About 70 of these centers are funded by the different communities at this time. Most are linked to Opus Dei.
The Supreme understands that public support for these institutions are incompatible with the Organic Law of Education (LOE), approved by the previous Socialist government in 2006. In this standard, the framework for all education systems in the country, is set in the admission of students may not be "discrimination on grounds of birth, race, sex, religion, or other status." Thus, although not specifically mentioned, the Supreme understands that leaves out the possibility of being subsidized to centers separated by sex.
These centers have always argued that, according to Unesco, your offer is not discriminatory, therefore, would not fall into the category of sex discrimination. In fact, in two judgments of the Supreme joins the dissenting opinion of Judge Antonio García Martí, who expresses the same idea.
In any case, the question now is whether the authorities will be obliged to remove sexist concerts to schools, something that is not clear. However, Professor of Administrative Law at the University of Zaragoza Antonio Embid contends that after the failures, autonomous governments may only renew and admit new JMAC concerts. Embid believes there will be problems that are effective, that is, in no event will run out of funds mid-year.
The Supreme Court ruled for the first time on this issue in 2008, when he recognized the power that communities have to set coeducation as a requirement for access to public funds. The lower court and now the detail supports the governments' decision to withdraw Andalusian Spaniard and two concerts.
For Torrevelo Cantabrian school, the Supreme endorses the resolution of the previous Executive, the PSOE, by refusing to renew the show. After coming to power in Cantabria, the Popular Party backed down and decided to grant aid. The PSOE is studying whether, following the recent judgment of the Supreme, went to court to block the concert.
In the case of female Elcható center of Brenes (Sevilla), the ruling of the Supreme is a nod to the Board, which has since 1999 trying to suppress the concerts with 12 colleges and institutes that still segregate in this community.
Taking as its starting point the LOE, Andalusia changed the criteria for the granting of concerts. In 2009 won the 12 education centers that differentiated the condition from becoming mixed from September 2010 to remain subsidized. These orders were challenged before the High Court of Justice of Andalusia, that reversed. The Supreme Court now gives the Board reason.
The Litigation Division recognizes that these concerts were valid until the entry into force of the LOE. In addition to this standard include sex among the possible causes of discrimination, the former PSOE Executive prepared a Law on Equal Treatment and Non-Discrimination, in which draft is expressly prohibited concerts with these institutions. But this rule was never adopted.
Now, the Supreme understood that the LOE and forbids, and also that it does not "disturb no constitutional right of parents, who retain the right to free choice of school", and the owners of the affected schools.
"It is obvious" that the law "excludes"
The two Supreme Court decisions on the withdrawal of subsidy separating sex centers in Cantabria and Andalusia are the 23 and 24 July and share paragraphs of argumentation. Like this:
"Precondition. "It is obvious that, previously, Article 84 of Law 2/2006 expressly refers to" the admission of students "has excluded the possibility of consultation to education centers differentiated by gender, by prohibiting [... ] sex discrimination [...], there is discrimination prior to the balance of the conditions required to achieve "the concert.
"Legality. "Nobody questioned the legitimacy of differentiated education system, separate issue is that since the entry into force of the Organic Law 2/2006 is possible that these private schools may have provided concerted [...], when expressly admitting students regime prohibits discrimination based on sex [...] And that inability to obtain concert [...] not disturb any constitutional right of parents to retain the right to free choice of school and the holders of the creation of centers with ideology or character
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