Exemption from school classes in order to participate in Lent retreat and respect for the rule of equal rights of churches and other religious associations Cover Image

Zwolnienie z zajęć szkolnych w celu odbycia rekolekcji wielkopostnych a poszanowanie zasady równouprawnienia kościołów i innych związków wyznaniowych
Exemption from school classes in order to participate in Lent retreat and respect for the rule of equal rights of churches and other religious associations

Author(s): Anna Tunia
Subject(s): Law, Constitution, Jurisprudence, Constitutional Law, Criminal Law, Civil Law, Human Rights and Humanitarian Law, Canon Law / Church Law
Published by: Katolicki Uniwersytet Lubelski Jana Pawła II - Wydział Prawa, Prawa Kanonicznego i Administracji
Keywords: religious association; freedom of conscience and religion; equal rights; school; student; retreat; religious observances

Summary/Abstract: The subject of this article is to present the issue of compliance of regulations concerning students’ exemptions from school classes in order to participate in Lent retreat with the rule of equal rights of churches and other religious associations. While analyzing these issues the author comes to a conclusion that dependence of obtaining right to exemption from school classes on requirement of pledging participation by students in school religious education is discriminative and violates the constitutional rule of equality towards law and it is not in accordance with the rule of equal rights of churches and other religious associations. Moreover it causes discrimination of students since it creates conditions to obtain subject exemptions only for those students who belong to Christian denominations. The author demands that participation in religious education as a subject of school education shall not be associated with a duty of performing by students particular religious observances as a retreat is not an element of school education conducted within the educational system. The right to possible obtainment of exemptions by students for participation in a retreat should be regulated not in educational law but in a legal act referring to religious freedom of individuals.

  • Issue Year: 2016
  • Issue No: 19
  • Page Range: 45-61
  • Page Count: 17
  • Language: Polish