Every child shall enjoy the right to have access to education in the matter of religion or belief in accordance with the wishes of the parents or, as the case may be, the legal guardians, and shall not be compelled to receive teaching on religion or belief against the wishes of the parents or legal guardians; the best interests of the child being the guiding principle.

This sub-paragraph declares the child shall not be compelled to receive education in religion or belief against the wishes of the parents. It does not attempt to resolve questions that arise between the wishes of the parents of minority beliefs to educate the child in their own belief, and States with a recognized constitutional law to educate children in a majority religion. Such is the case in Norway (below) where the State

Church of Norway feels it is in the best interest of children in Norway to receive instruction in Lutheran religious history and tradition, against the wishes of the parents of new Islamic immigrants and non-believers. This sub-paragraph does not provide direction regarding access to religious education, which becomes an issue especially in secular states with public education systems that prohibit the teaching religion. Most secular states recognize the right to establish separate educational systems, for religious reasons, and the choice of parents to choose such an education for their children.

Related Examples

•  Norway: In 1997 the Norwegian Parliament passed an education bill known as “Religious Knowledge and Ethical Education.” The subject requires all Norwegian pupils regardless of gender, social background, ethnic or religious affiliation to follow the same course of education and meet the same subjects. Norwegian parents of Islamic and atheist humanist students did not want their children to take the course, even thought a “partial exemption” excuses students from objectionable units on the prevailing Lutheran tradition of the country. These parents claimed the course violated the right to raise their children as they so choose and have brought law suits against the Norwegian State in the European Court of Human Rights.

Learning Experiences

Article 13 of the International Covenant on Economic, Social and Cultural Rights defines the right to education. Research the rights in the ICESCR to public, private and religious education set by the laws of your country and community. Compare them with Article 13.

TOPIC NOTES

Term 5.1.2: Guiding Principles in Education

Every child shall enjoy the right to have access to education in the matter of religion or belief in accordance with the wishes of his parents or, as the case may be, legal guardians, and shall not be compelled to receive teaching on religion or belief against the wishes of his parents or legal guardians, the best interests of the child being the guiding principle.

Review Article 13 of the ICESCR on the right to education. Research the rights to education in your community and compare them with this sub-paragraph.