The DNU that President Alberto Fernández signed on Thursday with the new restrictions due to the second wave of coronavirus ended up dynamiting the relationship with the City of Buenos Aires. It is that the head of the Buenos Aires Government, Horacio Rodríguez Larreta, opposed the closure of schools for 15 days and made a presentation of unconstitutionality before the Supreme Court.
However, it was not the highest court that enabled face-to-face classes this Monday in the City but the IV Chamber of Buenos Aires Appeals Chamber, which ordered that the schools remain open.
Thus, many schools and colleges in the City of Buenos Aires opened their doors this Monday with the attendance protocol established since the beginning of the school year and also with new care measures announced by the Buenos Aires Government.
However, three teachers’ unions announced a 24-hour strike against the court ruling. UTE Ctera, Ademys and private Sadop demand that the suspension of classes for two weeks decreed by the Nation be fulfilled.
Horacio Rodríguez Larreta gave a conference on Sunday night.
“Today is going to be uneven,” said the Buenos Aires Minister of Education, Soledad Acuña, although she celebrated the ruling of Justice. “Being in the classroom with their teachers makes a difference,” he added in dialogue with radio Network.
The court ruling
Chamber IV of the Chamber of Appeals in Contentious Administrative, Tax and Consumer Relations ordered that classes must continue in person from this Monday until the Supreme Court of Justice is defined on the subject.
The judicial decision was endorsed by judges Marcelo López Alfonsín, Nieves Macchiavelli and Laura Perugini. Macchiavelli is the sister of Eduardo, Buenos Aires Secretary of the Environment and political shipowner of Rodríguez Larreta.
In the ruling of the Chamber, the three judges reversed the decision of the judge of first instance Marcelo Segón, who initially had rejected an injunction presented by a group of parents who asked that face-to-face classes be maintained.
López Alfonsín, Macchiavelli and Perugini ordered the Buenos Aires government that “within the framework of its autonomy and its own competences, it provides for the continuity of the presence of classes within the territory of the City of Buenos Aires.”
In addition, they argued that the City has “exclusive powers to organize the educational system in its jurisdiction and that if this constitutional mandate is omitted, the enjoyment of its own autonomy is in danger.”
The measures of the City
After the court ruling that ordered to enable face-to-face classes in the City, almost at the end of Sunday, Rodríguez Larreta announced that all compulsory education would continue to be present, that is, at the initial, primary and secondary levels.
As for non-compulsory education (tertiary and Vocational Training Centers), they will continue to operate virtually.
In the City there are 1,272 educational establishments: 703 are public and 570 private, in initial, primary and secondary level, reported from the City.
The Buenos Aires government arranged a joint operation aimed at taking care of the environments and income to the schools, avoiding crowds and improving mobility.
In the environments of the establishments with more movement, there will be awareness-raising of the GCBA in the entrance and exit that will help the relatives to avoid crowds at the school doors.
They reiterated that “staggered admissions” are made, always in accordance with the protocols that guarantee the care of the children and the staff.
In addition, it will be reinforced to prioritize the time range from 7.30 to 9.30 for the school movement, before the opening of non-essential premises, which is from 10.
Rejection of the Nation and teacher strike
The ruling of the Buenos Aires Justice generated a strong rejection of the national Government and also of some of the various unions that have a presence in the City.
President Alberto Fernández described the judicial decision as a “legal havoc”, and in the presidential environment they spoke of “a clear case of Forum Shopping.”
“Using the Judiciary politically is a specialty of macrismo, but this time they have gone too far,” Justice Minister Martín Soria wrote on Twitter.
Almost at the same time, the unions UTE Ctera, Ademys and the private ones of Sadop announced measures of force for this Monday.
First, UTE Ctera and Ademys announced that they will not return to the presence and accused the head of the Buenos Aires government, Horacio Rodríguez Larreta, of “prioritizing his electoral career and political marketing over the care and life of all the porteñxs.”
On the night of this Sunday, the private teachers grouped in Sadop were folded to the measure.
“Faced with the ruling of the fourth chamber of the Appeals Chamber of which we cannot even be a part and the violation of the Constitution, the education workers this Monday 19 called a TEACHING UNEMPLOYMENT,” said UTE Ctera.
In a statement, the union stated that “the measures adopted by the National State with the dictation of Decree 241/2021, listened to the claim of the workers of the City, taking care of the health and life of the population.”
“Both from ATE Capital and the Union of Education Workers (UTE) we insist and act before the courts so that essential workers have protection elements, we carry out a review of compliance with protocols and carry out a total immunization with the plan vaccination, “the text continued.
And continued. “We are far from achieving the minimum objectives so that the educational community and the rest of the families are protected from an unprecedented virus that has already cost the lives of more than 50 thousand Argentines.”
For its part, Ademys urged its affiliates not to go to schools and called an assembly for this Monday at 6 p.m.
“The teaching defends the suspension of attendance in the schools of the AMBA. If the government of CABA insists with the presence. MON 19/4 WE DO NOT GO TO SCHOOLS, WE STOP‼”, they indicated in a tweet.
For their part, late Sunday night, private teachers also announced that they would join the strike and, from the Buenos Aires subsidiary of Sadop, they fought for # ContinuidadPedagógicaVirtual, according to the hashtag with which they accompanied the flyer they uploaded to Twitter.
“We want to take care of the DNU that takes care of us all,” they posted on networks.
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