Children’s Religious Freedom in State Schools: Exemptions, Participation and Education

Publication details

Hunter-Henin, Myriam. "Children’s Religious Freedom in State Schools: Exemptions, Participation and Education”, Oxford Handbook on Children and the Law (2019), Jim Dwyer (ed), online publication date: Jun 2019. DOI: 10.1093/oxfordhb/9780190694395.013.27

Abstract

This chapter focuses on children’s rights to religious freedom raised against state policies in state schools. It analyses the distinction usually drawn between religious education (RE) courses and others. Most legal systems will allow non-denominational RE courses in state schools provided they are accompanied with rights to opt-out. By contrast, purely “secular” courses will usually be mandatory. I will argue that, assuming that rights to opt out legitimately accompany RE courses, they should also attach to secular courses on ethics and morality. On the contrary, religious and moral implications of scientific theories, such as evolutionary theories, should not I will argue give rise to exemption rights. In a second part, the chapter considers religious symbol cases. I will argue that whether symbols are state endorsed or worn by pupils, courts should resist the temptation to ascribe unilateral meanings to symbols but carry out instead a contextual assessment of their impact.