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

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