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Mexico. -
We see that when legislating on the “educational” matter, it was made
forcing the constitutional principles foreseen in the Fraction III of the
article 3rd Constitutional that in their part they prepare that:
"the State will guarantee the quality of the obligatory education so
that the materials and the educational methods, the school organization, the
educational infrastructure (…) as well as in the international treaties as
regards human rights of those that the Mexican State forms part, when making
consist as unique factor, until this moment, of the quality of the education
to the educational one, without considering the previously mentioned factors,
what transforms them into only responsible for the educational quality. And
in this resolution of the court there were watchwords and conditionally in
the design of the legislation in this matter, of the authors of the Law of
the National Institute for the Educational Evaluation and the General Law of
the Educational Professional Service and of the modifications to General Law
of Education, and when being approved, the constitutional principle was
forced from the full respect to the constitutional rights of the workers of
the education, as the own fraction III of the article 3rd.
If we observe the mentioned legislations
and in particular of the General law of the Educational Professional Service,
it is sought to simulate that it is an educational legislation, when in
essence that that less it contains it is an educational, pedagogic project or
that minimum is sought at least a renovation of the content of the General
Law of Education, in search of a project that it truly consolidates,
strengthen and make sense to the at least National Educational System, rather
it is a change of the administrative process. In this context it charges
bigger relevance the positioning of the INEE made in September of 2013,
through their president Sylvia Schmelkes in the sense that the reformations
not well “educational” calls: “it is not a pedagogic reformation, it is not a
curricular reformation, and it is not a reformation of the initial formation
of the educational one. It is a reformation that puts the conditions so that
these reformations are possible, but all the truly important ones are
necessary us. It is a reformation that puts the conditions so that these
reformations are possible, but all the really important ones are necessary
us."
For the workers are forget the human rights
This positioning, contrasts with the one
that now has, the INEE when sustaining, among other points that it would not
be guaranteed for all of not being applied the educational evaluation an “education
of quality”. For what the relationships of work of the educational ones are
regulated by the Federal law of the Work and the Federal Law from the Workers
to the Service of the State, regulation of the Constitutional article 123 and
international treaties of where the existence of the unionization rights
comes and of collective negotiation and that now they are violating in the
workers' damage of the education, for secondary laws. In this situation it is
no way applying in a retroactive way the constitutional article 14 in damage
from the workers to the service of the education. The application of the
evaluation is also rejected in the terms that it outlines the General Law of
the Educational Professional Service because it is discriminatory, punitive,
inequitable and unaware to the reality of the conditions in those that the
OPD’s operates; It is expected that the new legislature
it puts the piles so that they have the enough sensibility to understand and
to assist them necessity to harmonize the laws in educational matter with the
labor legislation that indeed, privilege the quality of the education,
without damage of the human rights and guarantee the labor and social
stability.
It is considered that: exist an absolute
respect to the human rights of students and educational, same that are contemplated
in the Great Letter; for the abrogation of the General Law of the Educational
Professional Service and the Law of the National Institute for the Evaluation
of the Education; In this legislation it is continued respecting the entrance
procedures, promotion, permanency and recognition settled down under the
collective contracts and general conditions of work that are aided by the
labor legislation and the 123 constitutional; a lack of respect is observed
the students, to the workers of the education and all the Mexicans the
announcement of the suspension indefinitely on the part of the SEP of the
dates of educational evaluations until having “new elements to consider in
the evaluation process", when it only left that they passed the
elections to retract. It is not possible that in ten days it is already had
the conditions that were argued like cause of the suspension of the dates for
the evaluation; it takes the responsibility a SEP, INEE and to the
Coordination of the Educational Professional Service of the actions that the
workers of the education see each other to undertake for their side. A law is
not even counted for the students; of
the students with regard to the teacher, since the excess of discipline lack
is not regulated; the aggression among students, call it 'bullying', of
student against student; the lack of respect to the symbols of the homeland,
for fanatic students, and other irregularities inside the class living room..
In Mexico they don't believe in the living room of rebellious and idlers to
where the problematic students are sent, since when one of these students
happens (clients) who pays the broken plate it is the teacher and it is
dismissed immediately
The Court and their resolution
Before the adverse resolution of the
Supreme Court of Justice of the Nation (SCJN) to the habeas corpus against
the educational reformation, the dissident teaching will appeal to
international instances of human rights watch, because several treaties and
agreements of the international community would be violating, which have been
ratified by the Mexican State. Antonio Castro Lopez and lawyer Manuel Fuentes
Muniz, they demanded to the ministers of the Court that make be worth the
rights of the educational ones and grant the habeas corpus solving that the
educational reformation violates human rights. Lawyer Fuentes explained that
the applications of habeas corpus trial -were a hundred thousand displeased -
they are claimed a series of violations to the human rights and labor, among
which highlight the principle of retroactivity, the audience guarantee and
the bilaterally in the work relationship, besides annulling all right of the
union organization. In any event, the dispositions contained in this
reformation would be applicable to the workers again entrance and not to
those that already have a base and they were hired with other characteristics
and conditions, but the reformed legislation doesn't make distinctions.
One has foreseen that this week the SCJN
discusses about the legality of the educational reformation. It has also
transcended that minister Fernando Franco Gonzalez Salas will propose in his
project to deny 26 help promoted by teachers that add thousands of more
files.
Antonio Castro CEND of the SNTE informed
that the international instances to those that will appeal are the
Interamerican Commission of human rights, in Washington, and the American
Convention of human rights, in San Jose Costa Rica. This June 22, it will go
with a representation of the magisterial dissidence and of the ANAD it will
go to the headquarters of the Court to give a letter to the ministers, where
they are demanded to respect the Constitution and with it the rights of the
workers of the education. To the conference they also attended a dozen of
leaders of the union sections who together with lawyer Fuentes, they
questioned the performance of the ministers of the Court and of the judges
that have put “absurd” obstacles to impede the defense of the rights of the
teachers. They criticized that the Court has in its hands for 18 months the habeas
corpus applications and you grieve today, when they are imposing the
evaluation, the ministers decide to solve the case. It is criticized that the
Court takes year and half in solving the collective habeas corpus of the
teachers, while other judges grant in question of hours the help obtained by Primero
Mexicanos of Televisa against the
decision of the SEP. (La Jornada, economia, p.p. 7-8, June 22, 2015)
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