Religion, Law and Education: Tensions and Perspectives

Transcription

1 Jan de Groof, Georgia du Plessis and Maria Smirnova (Eds.) This book provides an encompassing analysis of the position of religion in education in several countries across the globe. It first analyses the wider issues and complexities surrounding the position of freedom of religion or belief in education systems and the need to respect, protect and promote the religious or (non-religious) beliefs of all those involved and participating in education. Various specific themes are constantly at the foreground, namely: the religious distinctiveness of private schools, the protection of religious and belief diversity in education, the protection of parental rights and religious freedoms, the protection of children s rights and religious freedoms and managing the dissemination of religious knowledge in public schools. Secondly, this Religion, Law and Education: Tensions and Perspectives Religion, Law and Education: Tensions and Perspectives book provides important case studies explaining the various approaches pertaining to that exist in the world. A more encyclopedic approach is followed and provides insights, through the country case studies, into the contemporary issues surrounding religious and non-religious schools in these selected jurisdictions. NUR 820 s: rie se w La rs he w is bl La e Pu at w al iv eg La Pr fl & ol y W og aw l L n no ch bea w a Te L rib Ca ion at aw uc n L a Ed pe aw L ro Eu ian r w ita La an ive um trat aw H L & inis lth ts a dm He Law gh Ri & A r l ou w an b na um La l La H utio ta tit w en a ns nm l L Co ro na s vi mi ic En Cri olit P & w La l) lic na ub tio na lp na r te tio (In na r te In J. de Groof, G. du Plessis and M. Smirnova (Eds.) the reconciliation of law and state, religion and education and secularism and diversity Religion, Law and Education: Tensions and Perspectives Edited by Jan de Groof, Georgia du Plessis and Maria Smirnova

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10 Passion. The main aim of the Congress was to rethink the role of Catholic and the transformation of approaches to religious rights in education across

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13 Russia. Religious rights are regarded as a manifestation of accessibility, acceptability and adaptability in school education. An explanation of

14 Finally, Jan de Groof provides a few concluding remarks emphasising the

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16 these human rights is studied and their relation with two external means are: a

17 Rights, 1 the International Covenant on Economic, Social and Cultural Rights, 2 Rights states: 1. Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief and freedom, either alone or in community with others and in public or private, to manifest his religion or belief, in worship, teaching, practice and observance. 2. Freedom to manifest one s religion or beliefs shall be subject only to such limitations as are prescribed by law and are necessary in a democratic society in the interests of public safety, for the protection of public order, health or morals, or for the protection of the rights and freedoms of others. Article 2 of the First Additional Protocol to the Convention (Paris, 1952) states: No person shall be denied the right to education. In the exercise of any functions which it assumes in relation to education and to teaching, the State shall respect the right of parents to ensure such education and teaching in conformity with their own religious and philosophical convictions. accordance with Article 27. Article 13 states: 1. The States Parties to the present

18 Hungary is a secular state, meaning that the State should remain neutral in may be laid down by the State. application. Article 28 states: 1. States Parties recognize the right of the child to particular account shall be taken of the needs of developing countries. Article 29 states: 1. States Parties agree that the education of the child shall be directed to: (a) The laid down by the State.

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21 The concept outsourcing is different in this sense as it is used by the New Public ő

22 of the same level as allocated to the similar institutions operated by the state Schanda, B. (2014b), The Vatican Agreement. Stabilizing compromises and the freedom of religion [A Vatikáni Megállapodás. Stabilizáló kompromisszumok és vallásszabadság], Pázmány Law Working Papers, 2014/9. p. 1.

23 of Church-run education. In Hungary the relationship between the state and

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25 The right to education and freedom of religion are, therefore, not only individual This model established a high-level centralisation that is under reconstruction in 2016 as it did not fulfil entirely the expectations. According to this regulation Schanda highlights that church schools are classed as neither public nor private. Schanda (2015a), p. 97.

26 Normally, the budget ensures funding for public education activities of institutions not operated by the state on a condition that the institution undertakes activities in compliance with its operating license. 36 Essentially, the principle of equality is declared in the provision of public services by both the state and the church. 37

27 each case setting out a wish of the founder to provide public educational services.

28 39 Szabolcs Szuromi mentions the concept of collaborative separation in the Spanish system. Szuromi, Sz (2014) Spanish public canon law - a new emphases [Spanyol állami egyházjog új hangsúlyok], Iustum Aequum Salutare, 2014/2. p We can find an indirect hint on this in the judgments of the European Court of Human Rights. See: Schanda, B-Csiziné Schlosser, A (2009), New developments in the practice of the European Court of Human Rights regarding religious freedom [Újabb fejlemények az Európai Emberi Jogi Bíróság vallásszabadsággal kapcsolatos gyakorlatában], Iustum Aequum Salutare, 2009/2. pp

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30 Jan de Groof, Georgia du Plessis and Maria Smirnova (Eds.) This book provides an encompassing analysis of the position of religion in education in several countries across the globe. It first analyses the wider issues and complexities surrounding the position of freedom of religion or belief in education systems and the need to respect, protect and promote the religious or (non-religious) beliefs of all those involved and participating in education. Various specific themes are constantly at the foreground, namely: the religious distinctiveness of private schools, the protection of religious and belief diversity in education, the protection of parental rights and religious freedoms, the protection of children s rights and religious freedoms and managing the dissemination of religious knowledge in public schools. Secondly, this Religion, Law and Education: Tensions and Perspectives Religion, Law and Education: Tensions and Perspectives book provides important case studies explaining the various approaches pertaining to that exist in the world. A more encyclopedic approach is followed and provides insights, through the country case studies, into the contemporary issues surrounding religious and non-religious schools in these selected jurisdictions. NUR 820 s: rie se w La rs he w is bl La e Pu at w al iv eg La Pr fl & ol y W og aw l L n no ch bea w a Te L rib Ca ion at aw uc n L a Ed pe aw L ro Eu ian r w ita La an ive um trat aw H L & inis lth ts a dm He Law gh Ri & A r l ou w an b na um La l La H utio ta tit w en a ns nm l L Co ro na s vi mi ic En Cri olit P & w La l) lic na ub tio na lp na r te tio (In na r te In J. de Groof, G. du Plessis and M. Smirnova (Eds.) the reconciliation of law and state, religion and education and secularism and diversity Religion, Law and Education: Tensions and Perspectives Edited by Jan de Groof, Georgia du Plessis and Maria Smirnova