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The Government of Navarra will appeal the Skolae programme to the Supreme Court

  • Counsellor Carlos Gimeno has announced his intention to process the Foral Decree approving the Plan of Co-education of Navarra.  

22 June 2020 - 09:00

The Government of Navarre shall bring an appeal before the Superior Court of Justice of Navarre against the judgment of the Superior Court of Justice of Navarre which annulled the procedure for the implementation of the Skolae co-educational programme. In any event, the co-education plan will be maintained during the course of 2020-21.

The Education Advisor, Carlos Gimeno, announced today at a press conference that the Department of Education will process the Foral Decree approving the Co-Education Plan to ensure greater legal certainty if the Supreme Court does not admit the appeal.

Counsellor Gimeno explained that the filing of an appeal to the Supreme Court will mean that the TSJN Judgment 141/2020 “is not final” and that it “does not have to be enforced” until the Supreme Court settles the appeal.

As in this judgment, two other judgments on Skolae, such as the 43/2020 judgment of 11 March, do not support the use of the 18 M National Platform or the 45/2020 judgment of 11 March. The appeal of the Catholic Federation of Fathers and Mothers was also suspended, and the TSJN does not question the content of the co-educational program. Therefore, none of the three judgments analyses the content of the co-educational plan, nor the Skolae programme itself, which has allegedly been overturned by “formal issues”.

According to Gimeno, "the reason for the appeal lies in the plurality of laws that support that the educational administration can establish its own educational plans and programs aimed at co-education". These include state and foreign laws.

Among the state laws are the LOE, the Organic Law 1/2004 of Comprehensive Protection Measures against Gender Violence and the Organic Law 3/2007 of Effective Equality of Women and Men.

These Foreign Laws are as follows: Foral Law 14/2015, against violence towards women, Foral Law 8/2017, on Social Equality of People LGTBI+ and, finally, Foral Law 17/2019, of April 4, on Equality of Women and Men. Article 32 requires the implementation of the Co-Education Plan of the Department of Education in all centers supported by public funds.


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