NSS: Religious observance proposals fail to uphold child rights
Posted: Mon, 18th Nov 2024
Scottish Government proposals to amend religious observance law in schools are "feeble and completely unenforceable", says NSS.
Scottish government proposals to amend the law on religious observance (RO) in schools will fail to uphold child rights, says the National Secular Society.
RO is defined by the Scottish Government as community acts which 'promote the spiritual development of all members of the school's community'. Government guidance says schools should provide RO 'several times a year'.
The Education (Scotland) Act 1980 provides the statutory basis for RO in Scottish schools, and allows parents to withdraw their children.
However, there is no independent right to withdrawal for children, even when they are over 16.
The proposed changes would amend the Act to "require due weight to be given to the pupil's views when parents are exercising their right to withdraw".
In July, the Scottish Government incorporated the UN Convention on the Rights of the Child (CRC) into Scots Law, creating a public sector obligation to act in compliance with the CRC.
Article 14 of the convention enshrines a child's right to freedom of religion or belief.
The right can only be curtailed by "such limitations as are prescribed by law and are necessary to protect public safety, order, health or morals, or the fundamental rights and freedoms of others".
The Scottish Government says the proposed amendments will "ensure clarity and put the position in relation to UNCRC compliance beyond doubt".
This is despite the committee which oversees the CRC recommending last year that the UK repeal "legal provisions for compulsory attendance in collective worship".
The Scottish Government consultation on the proposed changes closes on 26 January.
NSS: 'Proposed changes are feeble and completely unenforceable"
National Secular Society human rights lead Alejandro Sanchez said: "The proposed changes to the law on religious observance in schools are feeble and completely unenforceable.
"The Scottish Government's claim that the changes will 'put the position in relation to UNCRC compliance beyond doubt' is baseless.
"The Committee on the Rights of the Child clearly stated last year that laws mandating collective worship should be repealed.
"Instead of trying to pass the buck onto parents, the Scottish Government should grasp the nettle and abide by the Committee's recommendation."
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