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After being delayed a week by the remodeling of the Executive, the Council of Ministers will approve this Tuesday the new democratic memory law. The rule that will replace the 2007 historical memory law will be accompanied by major changes that will respond to the demands of the associations and groups of victims of the dictatorship, as announced by the Ser string.
Among the new measures that the future legislation will include are modifications to educational content, initiatives to recognize victims, but also financial sanctions for carrying out acts of exaltation of the dictatorship. These are the main points that will be addressed by the law initiated by the former Minister of the Presidency, Relations with the Courts and Democratic Memory Carmen Calvo, now under the direction of Félix Bolaños.
Changes in the educational curriculum
The future democratic memory law will update the educational content at the ESO and Baccalaureate levels, but also in Vocational Training (FP). In this sense, the rapporteur of the United Nations (UN) Pablo de Greiff warned, in a 2014 report, that in Spain there were textbooks in centers that referred to the Civil War in a generic way.
Regarding education, the scope of the regulation will also reach teachers, since article 45.2 of the preliminary draft states that teacher training plans must include “training, scientific, didactic and pedagogical updating in relation to the school treatment of the democratic memory ”.
Recognition and tribute to victims and exiles
The future law will establish measures of reparation and tribute to the victims of the dictatorship and the Spanish civil war to place them “in the foreground.” In this way, two official days will be set to pay tribute to them. All the victims will be remembered on October 31 and the exiles on May 8. In addition, visibility will be given to all the work carried out by groups in favor of historical memory and the role of women in the conquest of democratic rights and values will be valued.
Another of the great factors with which the democratic memory law will land corresponds to the imposition of fines of up to 150,000 euros through a new sanctioning regime. This maximum will be destined to very serious infractions, among which are the “acts of exaltation” of the Franco regime that involve an injury to the victims, the destruction of graves, places of memory and homage or the mortal remains of reprisals, as well as the transfer of these without prior authorization.
Valley of the Fallen and Francisco Franco Foundation
On the other hand, the future legislation will mean the redefinition of the Valley of the Fallen, a process that began since the removal of the remains of the dictator Francisco Franco. The objective of this space will be to “make known, through research and dissemination plans and mechanisms, the circumstances of its construction, the historical period in which it is inserted and its meaning, in order to strengthen constitutional values and democratic ”.
This will mean the extinction of the Foundation of the Holy Cross, which in practice will end the custody that the Benedictines currently have. Similarly, the text will try to shield the end of the Francisco Franco Foundation through an additional provision. However, a report from the General Council of the Judiciary (CGPJ) questions whether the association that bears the dictator’s name can be extinguished by this means.
Nullity of convictions and specific prosecutor
As disclosed The country, the preliminary draft foresees the creation of the figure of the “prosecutor of the human rights and democratic memory room”, who will be able to investigate the search for the disappeared during the Franco regime and investigate violations of international humanitarian law that occurred in the Civil War and the dictatorship. In addition, the new law will also establish the nullity of the sentences handed down by Franco’s courts that the 2007 regulation had declared illegitimate. This could open the door to claims for compensation.
Source: HuffPost Spain for Athena2 by www.huffingtonpost.es.
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