As is well known, the right to religious education and instruction is a requirement of freedom of religion and conscience. In democratic countries, this right is guaranteed together with freedom of expression.
Religious education has been a subject of debate in Turkey for years. In 2011, the European Court of Human Rights (ECtHR) ruled that the compulsory religious and moral culture classes in education violated the article of the European Convention on Human Rights (ECHR) on the right to education. In its unanimous ruling, the Court asked the Turkish government to “adopt a new system without delay that would also allow students to be exempted from compulsory religion and ethics classes.” The judgment stated that recent changes to the content of religion and ethics textbooks in Turkey were “insufficient” and reminded the state of its “obligation to be neutral and impartial” in the regulation of religious matters.
While the ECtHR stated that the increased emphasis on Sunni Islam, to which the majority in Turkey belongs, in the religion and ethics textbooks in use did not amount to “indoctrination”, it found that, given the characteristics of the Alevi faith, parents were not wrong to believe that it could create in their children a “conflict of loyalties” between the school and their own values. The court ruled that as soon as possible, religion and ethics classes should be removed as compulsory and a system whereby students could be exempted from them should be introduced.
While the debate on religious education and training continues, no regulation has been made in relation to the ECtHR's ruling despite the passage of so much time.
We believe that a brief explanation of the legal framework and how it is applied in various countries would be useful.
Article 9 of the European Convention on Human Rights (ECHR) includes 4 elements of freedom of religion and conscience. These are
(1) Belief and disbelief;
(2) Fulfilling the requirements of religion;
(3) Inculcating and communicating religious belief to others;
(4) Freedom of teaching.
Freedom of religion and conscience naturally necessitates the right to read, study, learn and teach, in short, religious education and training. To deny the exercise of this right in society, or to prevent the enjoyment of this right through coercion, is essentially to abolish freedom of religion or to undermine it to the detriment of its essence.
There are two methods of religious education and training that are widely practiced in the world. These are:
(1) Religious education and training based on a particular religion or sect,
(2) Trans-sectarian religious education and training.
In the first model, religious education can be based on the interpretation of a religion by a particular sect, or it can be the teaching of a particular religion in its entirety. In this method, the subjects of the course are based on a particular religion or the interpretation of that religion by a sect, and the aim is to popularize and adopt that religion, and to teach the basic knowledge and requirements of that religion. In the supra-sectarian method of religious education and training, on the other hand, the lessons are not based on any particular religion or sect, and information about religions in general is given. Here, it is not a question of adopting a particular religion and teaching its requirements in detail.
All international instruments guaranteeing freedom of religion and conscience include the right to religious education and instruction. The European Court of Human Rights (ECtHR), in using the word “teaching” in Article 9 of the Convention, has stated that the scope of this word is broader than religious education activities. According to the Court, the right to “teaching” in Article 9 includes not only the right of parents to have their children educated in accordance with their own religious and philosophical beliefs, as guaranteed in Article 2 of Additional Protocol No. 1, but also the right of everyone to teach and communicate his religion and belief to others, and the “teaching activity” in Article 9 also includes religious education and instruction under Article 2 of the Additional Protocol.
Religious education in public schools is compatible with freedom of religion and conscience only if it is optional. As a requirement of freedom of religion and conscience, no one may be forced to receive religious education contrary to his/her religious beliefs or convictions. However, the inclusion in the curricula of courses that provide general cultural information about religions and moral teachings, provided that they do not take the form of education and training in the religious interpretations of a particular religion and/or sect, does not contradict secularism and freedom of religion and conscience.
The research commissioned by the TBMM Research Center under the title “Religion and State Relations in Some European Countries” examines religion-state relations in 20 EU countries in various dimensions. We will try to convey both the religious education in these countries and how the same issue is practiced in the USA.
Religious education and training can be summarized country by country as follows;
USA: The fundamental principle governing state-religion relations in the US is the provision in the First Amendment to the Federal Constitution that “Congress shall make no law establishing a state religion, or abridging the free exercise thereof”. In the US, all religious activities are prohibited in publicly funded schools. In contrast, in private schools and especially in universities, many of which are owned by private foundations, religious education is freely practiced”. Four out of five American private schools are run by religious groups. In such schools, religious instruction is offered as part of the curriculum in addition to regular classes.45 Religious education in the US is provided by religious communities, usually in the Christian or Jewish traditions. Religious education for children begins at the kindergarten stage, which is run by religious organizations and various religious communities. Sunday Schools run by churches are very common; children of all ages receive one hour of religious education one day a week.47 In the USA, congregations have an important place and influence in the field of education. In contrast to the secular structure of public schools, private schools also include religious classes in their curriculum. When parents send their children to these schools, they know that they will receive religious education and send their children to these schools to receive religious education as well.
Germany: Religious education in public schools is guaranteed by Article 7 of the Basic Law. Many schools in Germany offer religious education in cooperation with Protestant and Catholic churches (and synagogues if sufficient numbers of Jewish pupils request it). In addition, there are classes for Islamic religious education, and these are growing in number. Religious education or ethics education is available in all Länder. In many states, students who do not wish to take religious education can substitute it with ethics education. From the age of 14, students can decide for themselves which direction they want to take.
Austria: Article 14 of the Austrian Constitution allows religious instruction in schools and religious communities to open schools.
Religious education is compulsory for all students who do not withdraw in writing at the beginning of the school year (parental consent is required for students under the age of 14). Religious education can take place either at school or in places designated by religious communities. For students who withdraw from religious education, some schools offer the option of ethics classes.
Belgium: The public education system imposes a very strict requirement of religious neutrality for all teachers, with the exception of religious teachers, at all levels of education from kindergarten to university. Religious or moral education is compulsory in public schools, but according to the student's religious preference. Moral education according to the student's non-religious preference is also an option. Each public school provides a teacher of that religious group if there are enough students belonging to the six recognized religious groups. Religious teachers are nominated by a committee from the religious community to which they belong and appointed by the education ministers of their region. Private schools follow a similar curriculum to public schools. Accordingly, they receive financial support from the state for their expenses. Regional governments pay teachers' salaries.
Bulgaria: Public schools offer elective religious education between Islam and Christianity at all levels. Religious classes teach the moral values of religious groups and include historical, cultural and philosophical aspects of religion. Each registered religious group can request the inclusion of their religion in the curriculum.
Czech Republic: Since 1990, private schools have been free in the Czech Republic. Individuals or religious groups and organizations can open schools with religious content, provided they register with the Ministry of Education. Especially church schools are very popular throughout the country. Most of their costs are covered by the state.
Religious groups can also provide religious instruction in public schools. However, this requires permission from the Ministry of Education.
Denmark: All public and private schools (including religious schools) receive financial support from the state. According to the Law on Public Schools, public schools offer Evangelical Lutheran religious education. However, students may withdraw from these classes with the consent of their parents. In addition, the Law requires public schools to offer a Christian studies course that includes the study of world religions, philosophy, the development of tolerance and respect for all beliefs. This course is compulsory, but may be exempted upon written application of the parents. If the student is over 15 years of age, both the parents and the student must sign the application.
Finland: In Finland, religion and philosophy are taught in all schools. Students have the option to choose one of these subjects.
France: In France, in primary schools it is forbidden by law to offer religious instruction on school premises. In secondary schools, the opening of a small church (chapel) is carried out at the request of the parents. However, in the same France, of schools are private. Of these, are affiliated to the Catholic Church and the rest to Protestant, Jewish and other religious communities. The state pays teachers’ salaries in private schools contracted with the state and also provides subsidies.
Public schools, with the exception of primary school, do not provide religious education, but information on the history of religious groups is taught as part of the history curriculum.
The Netherlands: The state funds both public schools and private schools, including those with religious content, other religious educational institutions, health care institutions, regardless of their religious affiliation. In the Netherlands, about two thirds of the existing schools are community schools and are funded by the state, including Muslim schools. Religious education is also provided in public schools.
England: The law makes religious education compulsory in the UK for children between the ages of 3 and 19. However, the content and form of religious education is determined by local authorities throughout the country. Religious education curriculum to be determined by local authorities,
According to the 1988 Education Reform Act, it should reflect the predominant place of Christianity, while providing information on the major other religions present in the country.37
The curriculum should not be centered on a particular religion and should avoid encouraging students to convert. The curricula of religious schools are determined by their trustees in accordance with their foundation deed. All parents have the right to request that their children do not attend religious classes.
Spain: Optional Catholic education is provided in schools in Spain. Based on the 1992 treaty, leaders of Muslim, Jewish and Protestant religious groups called on the state to include their religions in the education system. In response, a legislative amendment was passed in 2004 stipulating that such education could be offered in schools if at least 10 students requested it and that teachers would be funded by the state. These lessons are not compulsory. Students who do not choose religion have to take an alternative course with general social, cultural and religious themes.
Sweden: Religious education covering all world religions is compulsory. Parents are free to send their children to religious schools. They must follow the core curriculum provided by the State and receive financial support from the State.
Switzerland: Education policies are set at cantonal level, but school boards have partial authority to implement these policies. Schools in all cantons except Neuchatel and Geneva offer religious education. Generally, Catholic and Protestant education is offered, but in some places other religions are also offered. In some cantons religious education is optional, in most it is compulsory. In practice, however, parents' wishes to exempt their children from this education are recognized. The participation of members of other religions in these classes is left to their own discretion.
Italy: The privileged position of the Catholic Church in Italy is particularly evident in the field of education. Revised in 1984 by the Convention of Villa Madama, the Concordat grants the Catholic Church certain privileges in religious education in public schools. The Concordat guarantees Catholic education from kindergarten to high school.
The state pays the salaries of Catholic religious teachers, but not of religious teachers of other religions. The religion classes taught by Catholic teachers are elective. Whereas in the past these classes were taught by priests directly from the churches, today these classes are taught by teachers chosen by the church. The curriculum is drawn up jointly by the Ministry of Education and the leadership of the Italian Bishops' Conference so that non-Catholics can be included. Other religious groups that have concordats with the state can appoint religious teachers for students of their own religion, but they have to pay for this at their own expense.
Norway: In 1997, a law was passed making it compulsory for students aged 10-16 to take a course called Knowledge of Religion, Ethics and Christianity. The course provides knowledge of all world religions and philosophy and aims to promote tolerance and respect between religions. Citing the country's Christian history, the course gives a major place to Christianity. The course is compulsory and there is no exemption for students of other religions. However, in some special cases students may be exempted from other church activities and prayers at school.
Poland: The Constitution allows parents to raise their children in accordance with their own religious and philosophical views and beliefs. Religion is taught in public schools. In theory, students have the freedom to choose between religion and ethics. In cases where it is not possible to choose ethics, a student may skip religion class and spend his/her free time in supervised study. Since the overwhelming majority of religion classes are taught by representatives of the Catholic Church, registered parents of other religions may request that their children receive instruction in their own religion. In general, the Ministry of Education does not fund the teaching of other religions, although it does fund religious instruction for some exceptional communities, such as the Orthodox in the east of the country. Religious education teachers in public schools receive their salaries from the state.
Portugal: In Portugal, a secular state, the issue of religious instruction in public schools was debated for nearly a quarter of a century before a Constitutional Court ruling decided that the state was not obliged to provide it, but could offer it on an elective basis. In line with this decision, there is an elective course called “Religion and Ethics” in the Portuguese secondary school curriculum. The course provides information on world religions and is taught by lay people.
Romania: Religious education is allowed but not compulsory in public schools. Participation in religious education is optional. To be exempted from religious instruction, the student must submit a written request. If adherents of other religions can reach a certain proportion of the class, separate religious classes can be organized for students from the 18 recognized religions. In addition, according to the Constitution and the 2006 Religion Law, faith-based schools may receive state funding.
Greece: Orthodox religious education is compulsory in public schools, fully funded by the state. Non-Orthodox students may be exempted. However, there is no alternative religious education for non-Orthodox in public schools. Some private schools offer such alternative religious education.
As can be seen, there is no single practice on religious education and training in the US and EU countries, but countries where religious classes are compulsory are limited to Greece, the UK and Sweden. In other EU countries, religion classes are generally optional and left to the congregations; the state provides educational and financial support to congregations at various levels.
As an EU candidate country, our country, from a point of view that takes into account traditions and social realities, should take libertarian steps in religious teaching and education; taking into account the multicultural and multi-religious structure of Anatolia, the compulsory Religious Culture and Ethics course should be made optional, and students who do not choose this course should be given the right to choose “Ethics” courses as in EU countries.
Sources:
Adnan Küçük (2009). The Legal Framework of Religious Education and Training in Some EU Member States, the USA and Turkey. Liberal Thought, Volume 14, Issue: 55, Summer 2009 pp: 61-92
http://www.hukukihaber.net/kararlar/aihmden-zorunlu-din-dersi-karari-h46960.html
Şencan, H. (2011). The Relationship between Religion and State in Some European Countries. TBMM Research Center. Ankara