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Religious Education and Freedom of Education: Challenges and Opportunities
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Religious Education and Freedom of Education: Challenges and Opportunities

A special issue of Religions (ISSN 2077-1444).

Deadline for manuscript submissions: closed (1 May 2022) | Viewed by 21736

Special Issue Editors

Dr. Leni Franken

E-Mail Website
Guest Editor
Centre Pieter Gillis, University of Antwerp, 2000 Antwerp, Belgium
Interests: church–state relations; religious education; freedom of education; freedom of religion; neutrality and (anti-)perfectionism
Prof. Dr. Sivane Hirsch

E-Mail Website
Guest Editor
Department of Educational Sciences, University of Quebec at Trois-Rivières, Trois-Rivières, QC G8Z 4M3, Canada
Interests: religion and education; religious diversity; ethics and religious culture program

Special Issue Information

Dear Colleagues,

According to international human rights law, everyone has the right to education, which is directed towards “the full development of the human personality and to the strengthening of respect for human rights and fundamental freedoms” (UDHR, art.26; see also ECHR, 1st protocol art.2; CRC, art.29). While these educational aims seem to be somewhat evident, they may be perceived as being opposed to the “prior right” of parents “to choose the kind of education that shall be given to their children” (UDHR–Art. 26, §3) or to their “right to ensure such education and teaching in conformity with their own religious and philosophical convictions” (ECHR–1st protocol, art. 2). As international jurisprudence highlights, this tension comes often to the fore when religious education (RE) is at stake; although it is legally permitted to organize compulsory classes on religion in state and private (faith-based) schools, several court cases (e.g., Folgerø and others vs. Norway, application no. 15472/02; SL vs. Commission scolaire des Chênes; SCC 7, 1 S.C.R. 235, 2012; Loyola High School vs. Québec, Attorney General, SCC 12, 1 S.C.R. 613, 2015) have illustrated that this is not always possible without infringing on the freedom of religion and education. The organization of denominational and confessional RE also raises many issues with regard to the freedom of religion and education. According to human rights legislation, it is appropriate to provide exemption schemes if denominational and confessional RE is the norm in state schools (cf. ECHR, Folgerø and others vs. Norway (GC), application no. 15472/02; ECHR, Mansur Yalçın and others vs. Turkey, application no. 21163/11; ECHR, Papageorgiou and others vs. Greece, application nos. 4762/18 and 6140/18), but does this regulation in practice always lead to the freedom of religion and education, or are there better alternatives? How does this relate to RE in faith-based schools? To what extent should these schools be given the freedom to teach religious views that are opposed to the standards of the “secular” curriculum (e.g., the world was created by God; homosexuality is a sin)? To what extent are minorities, and in particular “intransigent minorities” (e.g., Amish, Chasidic Jews, indigenous people, Laestadians and Salafi Muslims), protected by “secular” human rights law? Does homeschooling offer a valuable alternative for these communities? In order to shed light on this discussion, which is becoming increasingly important in a postsecular educational context, we invite scholars of various disciplinary backgrounds to reflect on the abovementioned issues. Particular consideration will be given to contributions wherein a focus on (supra)national legal frameworks is combined with a critical analysis of practical implementations, present discussions and recent developments in RE policy. In this regard, the following research questions are of particular interest:

1. Regarding curriculum choices

How is RE organized in different national contexts and to what extent do these models correspond to international human rights law?

How is RE organized in state schools and in faith-based schools in different national contexts, and to what extent does this organization (not) contribute to the freedom of religion and education?

Is it possible to organize denominational/confessional RE in state schools without infringing on the state’s neutrality on the one hand, and the freedom of religion of the respective religious organizations on the other?

Is it possible to organize mandatory nondenominational/nonconfessional RE in state schools (and in state-recognized private schools) without infringing on the parental right to “to education and teaching in conformity with their own religious and philosophical convictions”?

To what extent have recent changes in RE (curricula) (e.g., in Belgium, Luxembourg, Norway, Québec and Switzerland) contributed to an improvement in religious freedom?

To what extent are minority perspectives included in nonconfessional RE classes?

2. Regarding the legal aspects of freedom of religion and freedom of education

How can the freedom of religion and the freedom of education be guaranteed for (intransigent) minorities?

Are exemption schemes sufficient to guarantee the parental right to “education and teaching in conformity with their own religious and philosophical convictions”?

What is the role of the state if it supports denominational/confessional RE in its schools? Is it merely a facilitator and (financial) supporter, or should the state have a more substantial role and, for example, be able to control RE and train teachers? How can a fair balance be found here?

Is giving “RE” (semi-)constitutional protection an effective solution to ensure the freedom of religion and education, as is, for instance, the case in Belgium, Germany, Greece and Spain?

3. Regarding the concepts of inclusion, integration and segregation of religious minorities:

To what extent can homeschooling be seen as a valuable alternative for intransigent minorities who oppose “secular” or “liberal” views on education?

What is the best practice for balancing the right to religion and the right to education?

Dr. Leni Franken
Prof. Dr. Sivane Hirsch
Guest Editors

Manuscript Submission Information

Manuscripts should be submitted online at www.mdpi.com by registering and logging in to this website. Once you are registered, click here to go to the submission form. Manuscripts can be submitted until the deadline. All submissions that pass pre-check are peer-reviewed. Accepted papers will be published continuously in the journal (as soon as accepted) and will be listed together on the special issue website. Research articles, review articles as well as short communications are invited. For planned papers, a title and short abstract (about 100 words) can be sent to the Editorial Office for announcement on this website.

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Please visit the Instructions for Authors page before submitting a manuscript. The Article Processing Charge (APC) for publication in this open access journal is 1800 CHF (Swiss Francs). Submitted papers should be well formatted and use good English. Authors may use MDPI's English editing service prior to publication or during author revisions.

Keywords

  • human rights
  • ECHR
  • UDHR
  • religious education
  • freedom of religion
  • freedom of education
  • minorities
  • faith-based schools
  • homeschooling
  • exemption schemes
  • neutrality in (religious) education

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Published Papers (7 papers)

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Research

16 pages, 277 KiB  
Article
Non-Confessional RE in Denmark and Rights to Exemption: A Study-of Religions cum Human Rights Perspective
by Tim Jensen and Karna Kjeldsen
Religions 2022, 13(11), 1087; https://doi.org/10.3390/rel13111087 - 11 Nov 2022
Viewed by 1578
Abstract
Danish elementary school Religious Education (RE) dates back to the beginning of the Danish public schools in 1814 and remained confessional until 1975. In 1937, an option for exemption for teachers and pupils was introduced. However, the non-confessionalisation of the school subject did [...] Read more.
Danish elementary school Religious Education (RE) dates back to the beginning of the Danish public schools in 1814 and remained confessional until 1975. In 1937, an option for exemption for teachers and pupils was introduced. However, the non-confessionalisation of the school subject did not indicate that the exemption was removed. At present, pupils (excluding teachers) may still be exempted. In this study, the authors examine the current situation of the subject, the exemption rules, and related human rights aspects. We analyse the contents and aims of RE, the exemption regulations and the related political, public and educational debates on the option for exemption. The analyses and discussions cover a few key non-Danish and Danish articles and discussions from a human rights and an educational perspective of RE and human rights in Europe. The articles are particularly related to the freedom of religion or belief and include discussions on the requirements for RE to be compulsory and thus have no ‘opt-out’ option for pupils and parents. Full article
(This article belongs to the Special Issue Religious Education and Freedom of Education: Challenges and Opportunities)
12 pages, 295 KiB  
Article
Religious Freedom in English Schools: Neoliberal Legality and the Reconfiguration of Choice
by Nigel Fancourt
Religions 2022, 13(7), 639; https://doi.org/10.3390/rel13070639 - 12 Jul 2022
Cited by 3 | Viewed by 1952
Abstract
This paper considers how the longstanding liberal principle of freedom of religion in education in England was recontextualised within a marketised system of school choice. First, the potential conflict between the right to freedom of belief and to education is outlined. The notion [...] Read more.
This paper considers how the longstanding liberal principle of freedom of religion in education in England was recontextualised within a marketised system of school choice. First, the potential conflict between the right to freedom of belief and to education is outlined. The notion of neoliberal legalism is explored, first in identifying and defining neoliberalism as a model of regulation by market forces, then in outlining ‘neoliberal legality’, as the manifestation of this approach in law. Next, the paper presents a narrative account of the development in England of the principle of religious freedom in education up to the Education Act 1944. The neoliberal turn is considered, in the 1988 Education Reform Act and subsequent legislation, showing how while the provision remains, religion is effectively one marker of school choice and strategic school selection, rather than purely a fundamental personal freedom. This is discussed in relation to neoliberal recontexualisation of existing law, and the neoliberal governance of religions. Full article
(This article belongs to the Special Issue Religious Education and Freedom of Education: Challenges and Opportunities)
19 pages, 1876 KiB  
Article
Religious Literacy in National Curricula of Estonia
by Aleksandra Sooniste and Olga Schihalejev
Religions 2022, 13(5), 411; https://doi.org/10.3390/rel13050411 - 30 Apr 2022
Cited by 2 | Viewed by 2427
Abstract
Religious literacy may be seen as a prerequisite for religious freedom. This article analyzes how the development of religious literacy is supported in the curricula of Estonian primary and secondary schools and the extent to which these schools guarantee religious freedom. We assume [...] Read more.
Religious literacy may be seen as a prerequisite for religious freedom. This article analyzes how the development of religious literacy is supported in the curricula of Estonian primary and secondary schools and the extent to which these schools guarantee religious freedom. We assume that developing religious literacy is not limited to the lessons of Religious Education but can also be achieved in schools in which Religious Education is not taught. We analyze the national curricula for both basic and upper secondary schools to understand how religious literacy is represented, whether implicitly or explicitly. We are particularly interested in how the competencies of religious literacy are supported in the curricula and how freedom of religion is ensured in state-funded schools. The texts are analyzed according to the core curriculum analysis method and the religious literacy model, which identifies four stages in the development of religious literacy: examining religion as a category, engaging with a disposition towards religions, building up relevant knowledge, and promoting skills to interact well in multicultural society. This analysis shows that the dominant discourse related to religious literacy in the curricula focuses on social skills for future citizens, but religious literacy itself, a vital skill for operating in the modern multicultural world, is scarcely mentioned. Instead, it is present primarily as an implicit concept, and religion is portrayed as distant both in time and in space. Thus, this approach to education contributes insufficiently to the freedom of religion needed in a contemporary multicultural society. Full article
(This article belongs to the Special Issue Religious Education and Freedom of Education: Challenges and Opportunities)
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15 pages, 477 KiB  
Article
Education for Religious Pluralism in Islam: One Book or Series of Books, a Singular Message or Myriad Messages?
by Ayman Agbaria
Religions 2022, 13(4), 283; https://doi.org/10.3390/rel13040283 - 25 Mar 2022
Cited by 3 | Viewed by 2658
Abstract
As the literature on the philosophical and theological aspects of religious pluralism concerning Islamic education is indeed scarce and sporadic, this article discusses the complexity of religious pluralism in the Quranic discourse, while highlighting the tension between inclusive and exclusive interpretations. In doing [...] Read more.
As the literature on the philosophical and theological aspects of religious pluralism concerning Islamic education is indeed scarce and sporadic, this article discusses the complexity of religious pluralism in the Quranic discourse, while highlighting the tension between inclusive and exclusive interpretations. In doing so, the article reflects on the notion of religious pluralism, arguing that this notion should not be approached as a truth to be verified, but as a hypothesis to be tested. Additionally, the article presents various educational implications as to how to encourage religious pluralism in Islamic education. Specifically, I will advocate for a new type of education: education for religion. Full article
(This article belongs to the Special Issue Religious Education and Freedom of Education: Challenges and Opportunities)
11 pages, 242 KiB  
Article
Religious Education in Secularist Kindergartens? Pedagogical Leaders on Religion in Norwegian ECEC
by Olav Hovdelien and Helje Kringlebotn Sødal
Religions 2022, 13(3), 202; https://doi.org/10.3390/rel13030202 - 26 Feb 2022
Cited by 5 | Viewed by 3101
Abstract
According to the legal framework, religion forms a certain part of Norwegian early childhood education in publicly owned kindergartens. As the only Scandinavian country where this is the case, the object clause (statement of purpose) for Norwegian kindergartens defines basic values in the [...] Read more.
According to the legal framework, religion forms a certain part of Norwegian early childhood education in publicly owned kindergartens. As the only Scandinavian country where this is the case, the object clause (statement of purpose) for Norwegian kindergartens defines basic values in the Christian and humanist heritage and tradition as the value foundation for the institution. In this article we explore the impact of the processes of secularization and pluralization on the pedagogical content of early childhood education, and how some pedagogical leaders understand the religious elements. Empirically, the article is partly based on qualitative interviews targeting seven public kindergartens in the counties of Oslo and Agder, and partly on interpretations of their planning documents, of which many are publicly available. The pedagogical staff express loyalty to the legal framework regulating early childhood education but seem to be more concerned with religious diversity and religious minorities than with majority religion and religion as an expression of Christian heritage and traditions. Full article
(This article belongs to the Special Issue Religious Education and Freedom of Education: Challenges and Opportunities)
11 pages, 238 KiB  
Article
Dilemmas of Religious Education, Freedom of Religion and Education in Cyprus
by Dilek Latif
Religions 2022, 13(2), 96; https://doi.org/10.3390/rel13020096 - 20 Jan 2022
Cited by 2 | Viewed by 3965
Abstract
The boundaries between secularism, democracy, pluralism, and religious diversity cannot easily be demarcated. Bringing democratic and secular values together with religious pluralism, accommodating different religious communities, and acknowledging individual rights is a great challenge for many societies. In parallel, religious education (RE) in [...] Read more.
The boundaries between secularism, democracy, pluralism, and religious diversity cannot easily be demarcated. Bringing democratic and secular values together with religious pluralism, accommodating different religious communities, and acknowledging individual rights is a great challenge for many societies. In parallel, religious education (RE) in state schools has been a controversial and unresolved issue. On both sides of Cyprus, RE is organized in a mono-confessional way: while the Christian Orthodox content of RE is linked with Greek national identity in the Greek Cypriot South, Sunni Islamic RE is linked with the Turkish national identity in the Turkish Cypriot North. On both sides of the island, the compulsory and mono-confessional characters of RE, as well as the national curricula and textbooks that are used, are a source of conflict. Within this context, this article explores the way RE (Orthodox Christian, Sunni Islamic) is organized in Cyprus and to what extent this may lead to an infringement of the freedom of religion and freedom of education. Full article
(This article belongs to the Special Issue Religious Education and Freedom of Education: Challenges and Opportunities)
21 pages, 363 KiB  
Article
Passive Freedom of Education: Educational Choice in Flanders and The Netherlands
by Leni Franken and Gerdien Bertram-Troost
Religions 2022, 13(1), 12; https://doi.org/10.3390/rel13010012 - 23 Dec 2021
Cited by 2 | Viewed by 3300
Abstract
According to the ECHR, parents have the right to have their children educated in conformity with their own religious and philosophical convictions. In this contribution, we examine how this passive freedom of education is granted in the Belgian (Flemish) and Dutch education systems, [...] Read more.
According to the ECHR, parents have the right to have their children educated in conformity with their own religious and philosophical convictions. In this contribution, we examine how this passive freedom of education is granted in the Belgian (Flemish) and Dutch education systems, which are both characterised by substantial funding of non-governmental (mainly Christian) schools. In order to do so, we will have a closer look at the diversity between denominational schools as well as to the diversity within these schools, with a particular focus on their school identity and their policy concerning Religious Education (RE). In addition, attention will be given to the organisation of RE classes in governmental schools, which is also considered a means to guarantee the passive freedom of education. Our analysis brings us to the conclusion that, in spite of a similar legal and financial framework, the Dutch constellation is currently best able to guarantee passive freedom of education for all in today’s secularised, pluralistic context. Full article
(This article belongs to the Special Issue Religious Education and Freedom of Education: Challenges and Opportunities)
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