RIGHT TO RELIGIOUS INSTRUCTION IN PUBLIC SCHOOLS
RIGHT TO RELIGIOUS INSTRUCTION IN PUBLIC SCHOOLS

Summary/Abstract: The author contradicts current objections that introduction of religious instruction in public schools is unconstitutional and contrary to international legal documents. He analyses in detail the principle of state and church separation in comparative European law, pointing out that although legal systems in most countries recognize the principle of separation and religious neutrality, they have still established religious instruction in their public schools. He stresses in particular that different and more modern understanding of separation, including the idea of co-operative relation between state and church, marks a significant tendency in contemporary law in Europe. He analyses international documents and international court decisions in connection with the current legislation in Serbia, where religious instruction in public schools is taught as an optional subject together with civic education. Therefore he thoroughly argues why, in such a context, religious instruction in public schools does not violate any of the following principles: right not to manifest religious attitude, right that no one shall be subject to religious coercion, liberty of parents to ensure the religious and moral instruction of their children in conformity with their own convictions, and children’s right to freedom of thought, conscience and religion. The author points to the comparative legislation of European countries, showing that religious instruction in public schools exists nearly everywhere, except in Albania, Slovenia and France (apart from its North-Eastern provinces).

• Details
• Contents