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The Criminal Court of Cartagena has ruled against a city family for the crime of family abandonment by depriving their children of the right to education, establishing a penalty of 850 euros, payable in monthly payments of 180 euros, and In the case of non-compliance with the deprivation of liberty of the mother of three children, did not attend their school.

The complaint was filed by the Truancy Service of the municipality in 2008, and after several years of working with the family is not normalized the assistance of the children in their school.

The interventions were made also with the municipal staff of the Judicial Police and Social Protection, with which the Service works closely absenteeism.

From the Administration of Justice has held that the fact this family is motivated by the prejudice of minors, who were denied the possibility of training and education, basic rights are already mentioned in the Universal Declaration of Human Rights, 1948 , which states that everyone has the right to education and that education should be free, at least in the elementary and fundamental, consisting compulsory in elementary education.

According to the Councillor for Education, Josefa Maroto, this statement demonstrates the sensitivity of the administration when it comes to preserve the right to education of the population through prevention and control truancy.

Maroto recalled that in regard to the City of Cartagena, it has been working in coordination with the Ministry of Education of the CARM, for the past 20 years.

Councillor for the sentence is a very important step, because after years of struggle and complaints to the administration of justice, has issued the first ruling.

Until now, only had got some warnings, but we believe that after this decision many families take more seriously the education of their children, concluded Maroto.

Among the actions of the Municipal Service Truancy prevention and eradication of absenteeism are:

- The relationship with the various schools in the municipality with the control and monitoring of those children who have irregular attendance .- awareness campaigns at the beginning of every school year with the publication and distribution of school calendar .- Participation in South Zone Commission, created to ensure the passage of the Elementary School students to secondary education in the barrios of Los Mateos, Lo Campano and Saint Lucia - The operation of an occupational class, the result of an agreement with the Ministry of Education , which aims to reintegrate into the education system to 15 year olds who are at risk of dropping out, - Managing a Bank Used Textbooks, which provides textbooks to students with limited resources to purchase them .

WHAT THE LAW SAYS

The current Spanish law upholds the right of children to their education:

Organic Law 2 / 2006 of 3 May of Education (LOE), including its aim, is the full development of the personality and abilities of students, and in its Title Preliminary CHAPTER II:

Section 3.3. The primary and secondary education are compulsory basic education.

Article 4.1 Basic education is compulsory and free for all citizens.

Article 4.2 includes ten years of school and develops a regular basis, between six and sixteen years of age.

Both the Civil Code and Criminal are collected in the obligation of education as follows:

Civil Code (Art.154). Within the set of duties that parents should assume the exercise of parental authority is the look out for them, having them in your company, feed, educate and comprehensive training.

(The Court refers, in this sense that if parents do not comply with the duty to force their children to attend school would be in breach of its duty of protection to them.)

Likewise, it is the public prosecutor's supervision of the guardianship, foster care or custody of minors (Art. 174)

Penal Code.

Organic Law 10/1995 of November 23 PART XII Crimes Chapter III Family Relations.

SECTION 3 ª. The family abandonment, Minors or Incapable of 226.1 ley.Artículo. He who fails to comply with the statutory duties of care inherent in the custody, guardianship, custody or foster care or to provide necessary assistance legally established to support their offspring, parents or spouse, who are in need, shall be punished with imprisonment of three to six months or a fine of six to 12 months.

Source: Ayuntamiento de Cartagena