Abstract
In the field of education in Spain, the term “addressing diversity issues” [atención a la diversidad] was first coined by the General Education Act (LOGSE) in the 1990s. It is meant to refer to a new demand on the education system. Essentially, the underlying consideration is as follows: In order to guarantee the right to education, it is no longer considered sufficient simply to afford access to the school system; in addition, in order to offset any inequalities that might otherwise arise, the system must adapt to the particular needs of pupils arising from their diversity (different concerns, cognitive qualities, aspirations, socio-economic contexts, etc.).
This study was conducted as part of the research project “Federal System between Diversity Integration and Stability” 2011–2013, financed by the Ministry of Science and Innovation.
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Notes
- 1.
Ley Orgánica General del Sistema Educativo of 3 October 1990 (published in the Official State Gazette (BOE) on 4 October 1990).
- 2.
Provided for in Article 27 of the Spanish Constitution.
- 3.
Ley Orgánica 2/2006 de Educación, 3 May 2006. Published in the Official State Gazette (BOE) No. 106 of 4 May, 2006.
- 4.
Approved at the World Conference on Education for All, held in Jomtien, Thailand, 5–9 March, 1990. Naturally, diversity was not the only topic addressed; the conference concentrated particularly on universal access to education.
- 5.
Salamanca Statement and Framework for Action on Special Needs Education, passed on 10 June 1995 at the World Conference on Special Needs Education: Access and Quality, sponsored by UNESCO and organised by the Spanish government and held in Salamanca on 7–10 June 1995.
- 6.
Objective 12. On 25 June 2010, a cabinet meeting of the Spanish government approved the Action Plan 2010–2011, developing on these objectives. The plan includes measures for meeting each of the 12 benchmarks—although it is true that the target on diversity refers mainly to diversity resulting from disability.
- 7.
Political philosophy has studied in great detail the paradigm shifts that take place as a reaction to the homogenising trend of modernist liberalism, as well as the multicultural and communitarist alternatives and even the alternatives based on identitary liberalism that have been posed to combat this trend. Charles Taylor’s Politics of Recognition and Will Kymlicka’s Multicultural Citizenship (both authors are Canadian) are “globalised” discussions in this field. Various strands of feminism have analysed, to great effect, the conditions of discrimination in which social groups in a non-dominant position can live behind the facade of an inclusive regime because the universalism they posit is in no way neutral. Feminist writers have also shown better than anyone that by concealing the differences, by confining them to the private sphere, the weakest identities have been kept out of the public space—the space of political decision; here, Iris Young, whose work has been widely published, is a key reference.
- 8.
At the Ministerial Session of 7 May, 2008. Document available at http://www.coe.int/t/dg4/intercultural/Source/Livre%20blanc%20final%20FR%20020508.pdf.
- 9.
Report by the Council of Europe Group of Eminent Persons, 2011.
- 10.
The CREADE is a project of the Instituto de Formación del Profesorado, Investigación e Innovación Educativa (IFIIE) [Institute for Teacher Training, Educational Research and Innovation] and thus of the Ministry of Education. https://www.educacion.gob.es/creade/index.do.
- 11.
Contreras Hernández and Gracia Arnáiz (2005).
- 12.
Ibid. p. 38.
- 13.
It is often difficult to determine the origins of the prescriptions, among other reasons, due to their antiquity (some of the Jewish laws, for example, date back to the times of Noah). Anthropologists offer a number of possible reasons (the rules are an allegory of vice and virtue; they are arbitrary, and their only purpose is to discipline the faithful; they are intended to protect the faithful from external influence; they originated in food crises; they have a dietary basis, etc.), but there is no definitive consensus on the issue.
- 14.
Ibid.
- 15.
In which nature is seen as being a context at the service of mankind, according to Bizzarri and Pelanda (2008), p. 26.
- 16.
Bizzarri and Pelanda (2008), pp. 33–34.
- 17.
On the functions of fasting, see www.sufi.it/islam/ramadan_focus.htm.
- 18.
According to the Federation of Jewish Communities in Spain, http://www.fcje.org/.
- 19.
The rules mentioned here are only some of those contained in the sacred texts of Jews and Muslims. There are many studies in the field of food anthropology that offer a more exhaustive description of the food precepts of these and others religions.
- 20.
Bizzarri and Pelanda (2008), p. 17.
- 21.
The website of the Federation of Jewish Communities in Spain offers a secularised perspective on food laws, claiming that they have been shown by modern science to be best for human health.
- 22.
Extract from the measures related to Spanish Government Objective 12, cited in Note 6.
- 23.
The notion of the canteen as an opportunity is reflected in the Guide to Managing Religious Diversity in Schools in Catalonia, 2010.
- 24.
Pajares Alonso (2009).
- 25.
Contreras, p. 424, referring to veganism, vegetarianism, and other current trends.
- 26.
Specifically, one can distinguish between Sephardic, Ashkenazic, and Levantine culinary modes, according to Bizzarri and Pelanda (2008), op. cit.
- 27.
This is not the form preferred by Pope Benedict XVI. Addressing the World Youth Day events in Madrid (16–18 August 2011), he called on young people not to follow God “on their own”.
- 28.
Secularisation always grows out of a given religion that has already contributed to modelling the customs of the society. Some of its dictates are assimilated—stripped of their religious connotations—and as a result, religion is seen as the value system of a given culture that does not involve strict compliance with the religious practice.
- 29.
Rights for which the greatest level of legal guarantee is provided: the requirement that it must be developed by an Organic Law, which must respect the essential content of the right; the possibility of appealing against a law on the grounds of unconstitutionality to the Constitutional Court, which may invalidate a law even if it has been passed by a significant parliamentary majority; the possibility for anyone who considers their right to have been violated to make an application for defence of basic constitutional rights [recurrir en amparo] first to the ordinary courts and then also to the Constitutional Court.
- 30.
Nonetheless, the Constitutional Court has accepted other limitations on the right, insofar as its expression would require from third parties some considerable effort in order to adapt. This was the case of the employee of a business who had adopted a religion that prohibited her from working on Saturdays; she asked her employer to be exempted from working on that day and to be allowed to work some other day in lieu. Her dismissal for unauthorised leave, following a failure to reach agreement, was not deemed by the CC to be an infringement of her religious freedom (STC 19/1985 of 13 February 1985). However, in a similar case, the Supreme Court of Canada ruled just the opposite (STCS 17 December 1985).
- 31.
STC 46/2001 and 38/2007, for example.
- 32.
Albeit not an absolute one, for example, when CC was asked to rule on whether the state should require the public health-care service to provide alternative treatment in order to ensure compatibility with different religious faiths, it concluded that no such right to provision for individuals exists; by extension, it also determined that there was no requirement to reimburse patients for the medical expenses incurred in a private clinic in order to comply with these religious requirements (STC 166/1996).
- 33.
There are numerous monographic works on this Law in Spain. Recently, Navarro Valls et al. (2009).
- 34.
The law has remained on the books for over thirty years despite a significant evolution in the challenges faced by the state in religious matters. In 2008, the parliamentary party Esquerra Republicana. Izquierda Unida-Iniciativa Cataluña Verts unsuccessfully sought to table a motion to have the law amended. In 2010, the Spanish government announced that the Council of Ministers was seeking to approve an amendment bill to be tabled in parliament, but this never materialised.
- 35.
With regard to the contents of the agreements, see Acuerdos del Estado español con los judíos, musulmanes y protestantes, Publicaciones Universidad Pontificia de Salamanca 1994.
- 36.
By means of cooperation agreements between Spain and the Holy See of 3 January, 1979.
- 37.
Act 24/1992, of 10 December 1992.
- 38.
Act 25/1992, of 10 December 1992.
- 39.
Act 26/1992, of 10 December 1992.
- 40.
However, in the case of the Catholic Church, given the interstate nature of the agreement, the Ministry for Foreign Affairs took charge.
- 41.
- 42.
- 43.
The lack of a common source of information on this faith and the need to rely on two separate bodies (the UCIDE and the FEERI) are an example of the difficulty of integrating all the Islamic movements in Spain. As a result, the Spanish government issued Royal Decree 1384/2011, of 14 October 2011, developing Article 1 of the cooperation agreement between the state and the Islamic Commission of Spain, in order to overcome the difficulties faced by newly registered Islamic communities (30% of the total) in joining the common body.
- 44.
- 45.
- 46.
According to FEREDE, there are currently approximately 1,200,000 Protestants, of whom 400,000 are Spanish and 800,000 non-nationals: Of the latter, the immense majority are EU citizens and a small percentage are Latin American. They are represented with places of worship in all towns of over 20,000 inhabitants and in the majority with over 15,000.
- 47.
According to the FCJE, there are currently around 40,000 in Spain. They have specific schools for infant, primary and secondary education, some of which—for example in Murcia—are state subsidised [concertados]. There are over 30 synagogues in Spain. The website of the faith also offers information on catering companies providing kosher food in Spain.
- 48.
According to information published by several Islamic media outlets, in 2010 there were approximately one and a half million Muslims in Spain (3% of the Spanish population), with 785 mosques and 14 almacabras (cemeteries).
- 49.
Article 27 of the Spanish Constitution.
- 50.
Art. 140.1.30 of the Spanish Constitution.
- 51.
Art. 140.1.16 of the Spanish Constitution.
- 52.
Act 17/2011, of 5 July 2011, on food safety and nutrition. Official State Gazette [BOE] No. 160 of 6 July, 2011.
- 53.
Of the 17 Autonomous Communities in Spain, only Asturias has no regulations of its own. The two autonomous cities (Ceuta and Melilla) have both participated, together with other autonomous communities and the state in preparing the Food Guide for the PERSEO Programme, which we shall deal with separately.
- 54.
Asturias is the only autonomous community with no regulations in this regard, although it does have other instruments of intervention, such as the guide to Healthy Eating and Consumer Habits. Directorate-General of Academic Regulation and Innovation, 2005.
- 55.
The structure and content of this regulation have served as a general guide for drafting subsequent regional regulations on the same subject.
- 56.
In the Directive of 27 March, 2003, which remained in force until 2010.
- 57.
Directive of 3 August, 2010, regulating the complementary services of morning class teaching, school canteens, and extracurricular activities in public education centres and the extension to school hours.
- 58.
Directive of 12 June, 2000, of the Department of Education and Science, establishing instructions for the organisation and operation of the school canteen service in public non-university education centres.
- 59.
Decree 192/2008, of 12 September, governing school canteen and morning class services in public centres in the Autonomous Community of Extremadura.
- 60.
Territorial Decree 246/1991, of 24 July 1991.
- 61.
Decision of 9 September 2003 of the Director of Education and Culture, regulating the organisation and operation of the school canteen service in the public non-university education centres.
- 62.
Directive of 25 February 2003, governing the organisation and operation of school canteens in public non-university education centres under the Ministry of Education, Culture and Sports and establishing the rules for convening posts and grants for pupils eating at school.
- 63.
Decree 20/2008 of 13 March 2008, governing the public school canteen service, and Directive edu/693/2008, of 29 April 2008, developing Decree 20/2008. See also the Food Guides for the school canteens of Castile and Leon, regional ministry of education, 2005.
- 64.
Decree 10/2007, of 25 January, governing the operation of school canteens in public non-university education centres under the Consellería of Education and University Regulation.
- 65.
Directive EDU/27/2007, of 10 May, 2007, governing operation of the complementary school canteen service in public non-university education centres under the regional ministry of education.
- 66.
Directive 47/2010, of 28 May, of the regional ministry of education, governing the school canteen service in non-university education centres owned by the regional government.
- 67.
Directive 27/2006, of 28 September, of the regional ministry of education, culture and sport, governing the organisation and operation of the school canteen service in public non-university education centres under the regional ministry of education, culture and sport of La Rioja.
- 68.
Decree 160/1996, of 14 May 1996 governing the school canteen service.
- 69.
Directive 917/2002 of 14 March, of the regional ministry of education, regulating the collective school canteens in public non-university education centres in the Community of Madrid, amended by Directive 4212/2006, of 26 July 2006. See also the service of nutritional advice on the school menu (http://www.madrid.org/menuescolar) provided by the community.
- 70.
Decree No. 97/2010, of 14 May 2010, establishing the nutritional characteristics of menus and the encouragement of healthy eating habits in non-university education centres.
- 71.
The decision is therefore left up to the individual school boards.
- 72.
As per the aforementioned Regulation of 2010.
- 73.
Directive of 22 March, 2000, of the Director of Education, Universities and Research, regulating school canteens in public non-university education centres in the Autonomous Community of the Basque Country at compulsory education and infant education stages (2nd cycle).
- 74.
Directive of 2 March, 2004, governing the organisation and operation of the school canteen service.
- 75.
Circular of the Regional Under-Ministry of Administration and Services, issuing instructions for the operation of school canteens under direct management, from academic year 2011/2012.
- 76.
Instruction 1/2011 of the public-sector body of complementary educational services of Extremadura, governing operation of the school canteen service in the public centres of the Autonomous Community of Extremadura for academic year 2011–2012.
- 77.
Ruling of 9 May, 2011 of the Director General for Planning and Centres with regard to the school canteen service in public non-university education centres and ‘escoles matineres’.
- 78.
At the session of 21 July, 2010. We shall refer to the contents in a later section.
- 79.
Resolution of 5 July, 2011, issuing instructions for the management and operation of school canteens of public non-university school centres for academic year 2011–2012 and of planning for academic year 2012–2013.
- 80.
As recognised by the PERSEO Programme (Pilot School Reference Programme for Health and Exercise against Obesity), Ministry for Health and Consumer Affairs, 2008.
- 81.
As stated in Act 17/2011, of 5 July, on food safety and nutrition.
- 82.
The Inter-territorial Council of the National Health System was founded in April 1987. Since the passing of Act 16/2003 of 28 May, on cohesion and quality in the national health system, it has been the standing body for coordination and cooperation, notification, and information of the health services among all public authorities with powers in the area of health. The members of the council are one representative from each autonomous community and an equal number of representatives of the state, giving a total of 34 members. The council’s agreements are given expression in recommendations that are approved by consensus.
- 83.
A report of the council’s activities for 2005 is available online at http://www.msps.es/organizacion/consejoInterterri/docs/actividadCisns05.pdf.
- 84.
In Chapter VII on healthy eating, physical activities, and prevention of obesity.
- 85.
Full information on the programme was published by the Spanish Ministry of Health, Social Policy and Equality at www.naos.aesan.msps.es.
- 86.
Andalusia, Canary Islands, Castile and Leon, Extremadura, Galicia, Murcia, Ceuta, and Melilla.
- 87.
The contents are available at the NAOS strategy website and on its own site at http://www.perseo.aesan.msps.es/.
- 88.
Guía de Alimentación para Comedores Escolares Dirección General de Salud Pública y Participación. 2004.
- 89.
The government of Catalonia has published other support materials for managing religious pluralism in public institutions that deal, amongst other matters, with the issue of food. One of these focuses on teaching institutions: “Guía per a la gestió de la diversitat religiosa als centres educatius”; another on hospitals: “Guia per el respecte a la pluralitat religiosa en l’àmbit hospitalari”.
- 90.
The Ministry of Justice includes the Office of the Secretary of State for Justice, which in turn contains three Directorates-General, one of which is in charge of international legal co-operation and relations with religious faiths. In turn, this directorate general is subdivided into three Sub-Directorates-General, each of which is exclusively engaged with one of the areas of intervention, one of which involves relationships with religious faiths.
- 91.
An initiative of the Ministry of Justice, the Spanish Federation of Municipalities and Provinces and the Foundation for Pluralism and Coexistence. It was published on 5 July 2011. http://www.observatorioreligion.es/.
- 92.
The case of the guide to managing religious diversity in hospitals is also noteworthy.
- 93.
For example, the guide drawn up within the framework of the PERSEO Programme offered 12 pages on allergies and food incompatibilities, 2 pages on cases requiring soft diets, and just one page for information purposes, on religiously related grounds.
- 94.
Specifically, “the analysis, monitoring, surveillance, promotion and development of religious freedom, in coordination with the competent bodies of other departments, as well as its development in collaboration with the institutions and organisations interested in it”, as well as “the preparation of draft regulations on matters pertaining to the exercise of the rights of religious freedom, in coordination with the Technical Secretariat General, and the knowledge and, where applicable, report on any draft regulations that might affect such rights”.
- 95.
By parliamentary party Esquerra Republicana. Izquierda Unida- Iniciativa Cataluña Verts.
- 96.
Sociologist Andrea Semprini explains that the individualist and socio-cultural mutation of the public space makes dirigisme impracticable, arguing that a multicultural space is borne and develops in vivo in the great laboratory of society. In Semprini (2000).
- 97.
The demand from Muslim pupils is to be served halal meat. Although this demand is not generally met, it appears to be common that when the menu contains forbidden meat (such as pork), other alternative menus are offered without the meat in question. This information has been taken from the documents and annual reports of the UCIDE (http://es.ucide.org) on the situation of Muslim citizens and Islamophobia in Spain.
- 98.
Ferrajoli (2004).
- 99.
Sí (online newspaper). Madrid, 24 June 2008. http://www.sisepuede.es/noticias-gastronomia/el-menu-del-inmigrante-230620082894.html.
- 100.
Ibid. The refusal to satisfy the requests for religiously permitted food is based on a lack of specific legislation regulating this matter, according to the UCIDE’s 2010 report on the situation of Muslim citizens and Islamophobia in Spain, http://oban.multiplexor.es/isj10.pdf.
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Azurmendi, M.G. (2013). Religious Freedom in School Dining Areas and Its Enemies. In: López - Basaguren, A., Escajedo San Epifanio, L. (eds) The Ways of Federalism in Western Countries and the Horizons of Territorial Autonomy in Spain. Springer, Berlin, Heidelberg. https://doi.org/10.1007/978-3-642-27717-7_33
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