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INSTRUMENT
OF RATIFICATION, DATED 4 DECEMBER 1979. OF THE AGREEMENT OF 3 JANUARY 1979, BETWEEN THE
SPANISH STATE AND THE HOLY SEE, CONCERNING EDUCATION AND CULTURAL AFFAIRS
(BOE N1 300, 15
December) |
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The Spanish Government and the
Holy See, continuing with revision of the concordat texts in the spirit of the Agreement
of 28 July 1976, confer essential importance to matters related to education.
On one hand, the State recognizes
the fundamental right to religious education and has ratified international agreements
that guarantee the exercise of this right.
On the other hand, the Church
must coordinate its educational mission with the principles of civil liberty in religious
affairs and with the rights of families and all students and teachers, to avoid any
discrimination or privilege.
The so-called social media have
become an efficient school of knowledge, criteria and customs. Therefore, the same
principles of religious freedom and equality without special privilege that the Church and
State profess in educational affairs shall be applied in the legal regulation of the
media.
Finally, the Church´s
Historical, Artistic and Documental Patrimony continue to be an extremely important part
of the cultural estate of the Nation. Therefore, placing this Patrimony in the service and
for the enjoyment of society, its conservation and its increase justify collaboration of
the Church and State. For this reason, both Parties conclude the following:
AGREEMENT
I. In view of the
principle of religious freedom, educational activity shall respect the fundamental right
of parents concerning the moral and religious education of their children in schools.
In any case, the education
provided in public school will be respectful towards Christian values.
II. Educational plans at
the levels of preschool, Elementary School (EGB) and High School (BUP) and technical
colleges for students of the corresponding ages, shall include the teaching of the
Catholic Religion in all Educational Centers, in conditions equal to those of the basic
subjects.
Out of respect for freedom of
conscience, this religious education shall not be obligatory for all students. However,
the right to receive it is guaranteed.
Academic authorities shall adopt
the necessary means so that receiving or not receiving religious instruction shall not
suppose any discrimination at the school.
At the teaching levels previously
named, the corresponding academic authorities shall allow the Ecclesiastical Hierarchy to
establish, under the specific conditions agreed upon, other complementary activities of
training and religious attendance.
III. At the educational
levels referred to in the previous article, religious instruction shall be imparted by
those persons who, each school year, shall be appointed by the academic authority from
among those proposed by the diocesan Ordinary. With sufficient advance notice, the
diocesan Ordinary shall make known the names of those teachers and persons considered
competent for said education.
In public preschools, elementary
schools and technical colleges, the designation, as previously described, shall preferably
fall to those elementary school teachers who have requested it.
No one shall be compelled to
teach religion.
Teachers of religion shall be
part, for all purposes, of the faculty of their respective schools.
IV. The teaching of
Catholic doctrine and its teaching at the University Schools for Teacher Training, under
the same conditions as the other basic disciplines, shall be voluntary for all students.
Teachers of Catholic doctrine
shall be named by the academic authorities in the same manner as that established in
Article III and they too shall be considered part of the their respective faculties.
V. The State guarantees
that the Catholic church may organize voluntary teaching courses and other religious
activities in public Universities, using the premises and resources of these centers. The
Church Hierarchy shall come to an agreement with the Centers´ Authorities for the
suitable exercise of these activities in all aspects.
VI. It shall be the
responsibility of the Church Hierarchy to decide the contents of Catholic teaching and
training courses, as well as to propose textbooks and educational material relative to
said teaching and training.
The Church Hierarchy and the
State´s agencies, within the scope of their respective competence, shall ensure that the
teaching and training are suitably imparted, with the religious teaching subject to the
general control of the Centers.
VII. The economic
situation of teachers of the Catholic religion at the different educational levels, who
are not part of the State´s teaching staff, shall be arranged by the central government
and the Spanish Episcopal Conference, in order that it be applied when this Agreement
takes effect.
VIII. The Catholic church
may establish diocesan and religious Minor Seminaries, the specific nature of which shall
be respected by the State.
In order to be considered
elementary schools, high schools or universities, the general legislation shall be
applied, although neither a minimum number of registered students nor the acceptance of
students in accordance with their geographical origin or family residence shall be
required.
IX. Teaching centers that
are not universities, independent of their grade or specialty, established by the church
now or in the future, shall conform to the legislation in force, concerning the exercise
of their activities.
X. 1. Universities,
University Colleges, University Schools and other University Centers established by the
Catholic church, shall conform to the legislation in force, concerning the exercise of
their activities.
In order for studies carried out
in these Centers to be recognized under civil law, they shall be governed according to
current legislation concerning those subjects at all times.
2. The State recognizes the legal
existence of those Universities established by the church in Spain as of the date in which
this Agreement comes into effect. The legal regulations of these Universities must adapt
to the legislation in force, except for that stipulated in Article XVII.2
3. Students at these Universities
shall have the same benefits in matters of health care, student security, student aid and
research and other forms of student protection as those established for students at State
universities.
XI. The Catholic church,
in accordance with its own law, maintains its autonomy in the establishment of
Universities, Departments, Institutes of higher learning and other Centers of Ecclesiastic
Science for training priests, religious and laymen.
Confirmation of studies and
recognition by the State of the civil effects of degrees conferred by these centers of
higher learning, shall be the subject of specific regulation between the competent
authorities of the Church and the State. As long as this regulation is not in effect,
possible confirmations of those studies and the granting of civil value to the degrees
conferred shall be made in accordance with the general norms on this subject.
The confirmation and recognition
of studies carried out and degrees obtained by clergymen or laymen in Departments approved
by the Holy See abroad shall also be regulated by common consent.
XII. State Universities,
prior agreement with the competent Church authority, may establish Centers of higher
learning for the study of Catholic theology.
XIII. The Church´s
teaching centers, regardless of their grade and specialization, and their students, shall
have the right to receive those subsidies, scholarships, fiscal benefits and other aid
that the State grants to private centers and to the students at these centers, in
accordance with the system of equal opportunity.
XIV. Safeguarding the
principles of religious freedom and freedom of expression, the State shall ensure that its
social media shall respect the feelings of Catholics and shall establish the corresponding
agreements concerning these matters with the Spanish Episcopal Conference.
XV. The Church reiterates
its disposition to continue to place its historic, artistic and documental patrimony at
the service of society in general and shall come to an agreement with the State concerning
the basis for effecting the common interests and collaboration of both parties, for the
purpose of preserving, making known and cataloging the Church´s cultural patrimony,
facilitating its viewing and study, assuring its best possible conservation and preventing
all losses, within the framework of Article 46 of the Constitution.
For these purposes and any others
related with said patrimony, a Mixed Commission shall be formed within a year´s time at
the latest, from the date on which this Agreement becomes effective in Spain.
XVI. The Holy See and the
Spanish Government shall proceed by common consent in the resolution of any doubts or
difficulties that may arise in the interpretation or application of any clause of this
Agreement, guided by the principles informing it.
XVII. 1. The following
articles of the Concordat currently in effect are repealed: XXVI, XXVII, XXVIII, XXIX, XXX
and XXXI.
2. However, the rights acquired
by those Universities that the Church has established in Spain at the time of the signing
of this Agreement are assured. These, however, may choose to adapt to the general
legislation concerning private Universities.
TEMPORARY PROVISIONS
First. The recognition for
civil purposes of those studies followed in Church Universities currently in existence
shall continue to be decided, temporarily, according to the norms now in force, until such
time as the opportune regulations for recognition shall be prescribed for each Center or
course of study, in accordance with the general legislation, which shall not expect
requirements superior to those imposed by State Universities or public organisms.
Second. Those persons
whom, at the moment in which this Agreement comes into force, hold superior degrees in
Church Science and whom, by virtue of Paragraph 3 of Article 30 of the Concordat, are
teachers of arts and literature in teaching centers dependent upon Church Authority, shall
continue to be considered as holding a degree adequate for teaching at such Centers,
despite the repeal of said article.
FINAL PROTOCOL
Under the provisions of this
Agreement, the denomination of centers, educational levels, teaching staff and students,
educational material, etc., shall continue to be valid for any equivalent educational
changes that may arise as a result of reforms or changes in terminology or of the official
school system.
The present Agreement, the texts
of which in Spanish and Italian are equally valid, shall take effect from the moment of
the exchange of the instruments of ratification.
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