The Law on Separatism: When the Government Lies to the Senate or to the People

Posted on 3 November 2020 by ledacom

In his speech on separatism on October the 2nd 2020, the French Head of State made a direct link between separatism and home education. Without putting forward even the beginning of a suggestion of an argument, he deduced that to fight against any form of radical drift, it was necessary to prohibit educational freedom. A surprising diagnosis to say the least when one refers to the proposals of his Minister of Education, heard on June 18th 2020 before the Senate committee on Islamist radicalisation.

https://www.facebook.com/senat.fr/videos/628118038053279/

At 58 mins, Jean-Michel Blanquer declares specifically that home education rests on “a powerful constitutional foundation which one can only acknowledge and which is, I think, positive”. An expert opinion, since J-M Blanquer has a doctorate in law. It is indeed a freedom that rests on a constitutional basis, that is, at the top of the hierarchy of norms. It is the top of a pyramid whose point is our Constitution: the peak of the famous living together of our Republic.

Paradoxically, it is also its base. How can we imagine that an ordinary law could put an end to a constitutional principle which exceeds it, without being examined by the control of the Constitutional Council.

Unless it is a law to instil fear. Or a publicity stunt.

Blanquer: “We have reached a good balance

In his speech, we feel that this great constitutional principle is as binding to Minister Blanquer as it is binding to us all, with the law coming after the principal in terms of hierarchy. Like “constitutional brakes on public policies” *, title of the thesis of a certain B. Jean-Michel (Minister of Education), who would prevent any drift by the executive … Also, he continues in his speech, admitting that his ministry “must properly apply the rules of the 2019 law. And we are at the start of this implementation”. He is talking about the law known as “For a School of Trust”, a law of mistrust which made education compulsory from the age of 3 years, while tightening the framework of home education controls. Why then, four months after these declarations, is it so urgent to legislate, yet again, when the law of 2019 is not even in fully in motion? That Blanquer, answering the question of Senator Jean-Marie Bockel, who asked him whether home education should be prohibited or further conditioned, replied: “in terms of legal principles, we have achieved a good balance”.

So, one of two things: either Blanquer lied to senators about home education and its link with Islamist radicalisation or it is Emmanuel Macron who was guilty of disseminating false news in front of the French people by stigmatising home education as a cause of separatism.

In any case, and in the face of so much contempt for the truth, the association LEDA (Les Enfants D’Abord – Children First), in a common front for the maintenance of this right based on “a powerful constitutional foundation”, has joined forces with LAIA (Libres dapprendre et dinstruire autrement – Free to Learn and Educate Otherwise), the collective l’école est la maison – School is Home, the Felicia Collective, CISE (Choisir dinstruire son enfant – Choose to Educate Your Child), UNIE (Union nationale pour linstruction et l’épanouissement – National Union for Education and Development), Libralouest, to submit a brief to the Council of State in order to stop the forced march of this anti freedom law.

Since the executive has decided to silence plurality, it is masked that we will argue our opposition to this retrograde law.

*Thesis by Jean-Michel Blanquer: “les freins constitutionnels aux politiques publiques : les politiques publiques d’éducation – the constitutional obstacles to public policies: public education policies.

 

International team : contact-international@lesenfantsdabord.org