Religious and ideological rights in education : judicial perspectives from 32 legal systems

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  • Creator Pablo Meix Cereceda and Jan De Groof (eds.)
  • Format Books
  • Contributors
  • Publication Oisterwijk, The Netherlands : Wolf Legal Publishers, [2017] ©2017
  • Physical Details
    • 544 pages ; 24 cm
  • ISBNs 9789462404069, 9462404062
  • OCLC ocn989967811


  • This book seeks to provide a panorama of the issues arising from pluralism in the education system and of judicial responses to them around the globe. In it, thirty-four authors representing many different legal cultures have selected and commented the most significant judicial decisions in each of the jurisdictions analysed. The topics addressed include religious and cultural symbols; faith-based, religious, and citizenship education; freedom of teaching and scientific freedom; homeschooling; authorization, funding and other matters concerning denominational and private schools, among other legal disputes. The reader will easily sense many different ideological orientations throughout the book's thirty-seven chapters, which is only the result of pluralism itself and of scientific freedom. Nevertheless, the editors believe that all of the authors have inherently favoured the desire to understand the challenges of pluralism and to convey knowledge that is relevant for a public debate rather than defending their own particular point of view. Indeed, facilitating debate might be considered to be the best achievement of a publication of this kind.


  • Includes bibliographical references.


  • Part I. Introduction: On the implementation and justiciability of the right to education / Jan De Groof and Pablo Meix Cereceda -- What is at stake in debates over education and religion / Charles L. Glenn -- Part II. International courts: European Court of Human Rights - Educational curricula and religious symbols seen from Strasbourg / Rodrigo Cespedes and Pablo Meix Cerceda -- United Nations Human Rights Committee - Funding religious schools in Canada and the Islamic headscarf in France / Rodrigo Cespedes -- Part III. Europe: Albania - Religious freedom in education : a judicial view on religious symbols and access to school / Heliona Miço -- Austria - Sweet Harmony? - The relationship between parents and the education system through the lens of the Austrian Constitutional Court / Florian Lehne -- Belgium - Balancing religion and neutrality in public schools : on educational curricula and religious signs / Kurt Willems -- France - Islamic headscarf and school safety / Germany - The Federal Constitutional Court on religious symbols in German classrooms / Fatima-Zahra Zaatan and Astrid Wallrabenstein -- Greece - On scientific freedom and hate speech and on religious education / Mariela Apostolaki and Lydia Angelopoulou -- Ireland - The Supreme Court, Catholicism and state aid to religion / Italy - "The religion hour" and the concept of voluntary exemption in the case-law of the Constitutional Court / Claudio Di Maio -- The Netherlands - Two landmark decisions regarding religious, philosophical and ideological convictions in education / Stefan Philipsen -- Poland - Case law of the Polish Constitutional Court on matters of freedom of expression of personal convictions in public education / Maria Stożek and Marta Ponikowska -- Portugal - Religious education in state-owned schools as seen by the Constitutional Court (1987-2014) / Rui Lanceiro -- Romania (I) - The constitutional court's case-law on the study of religion in public schools / Dragoș A. Efrim -- Romania (II) - The supreme court and religious symbols in the classroom / Russia - Religious attire and religious instruction in public schools : freedom to open non-state religious schools / Maria Smirnova -- Spain - On homeschooling and citizenship education / Pablo Meix Cereceda -- Switzerland - The federal supreme court and religious symbols in the classroom / Turkey - Optional religion courses, exemption from compulsory religion education and the student oath / Işıl Ara -- United Kingdom - Towards the individualized assessment of religious rights in education / Martin Browne -- Part IV. America's: Brazil - University and academic freedom during the Brazilian dictatorship / Carina Calabria -- Canada (I) - The supreme court's decision on secularity and religious education / Lilla Berkes -- Canada (II) - The supreme court, homeschooling and religious dress codes / Chile - University autonomy & students' sexual behaviour and teachers of religion & sexual orientation / Colombia - On access to denominational schools and on school uniform and religious freedom / Walter Pérez Niño -- United States of America - Religion, education and the United States supreme court : an overview of the status of religion in elementary and secondary schools / Charles J. Russo -- Part V. Africa: Egypt - Disputing the wearing of Niqab in Egyptian educational institutions / Jessica Carlisle -- Nigeria - Judicial perspectives on the use of the Hijab in Lagos' public schools / Kolawole Samuel Adeyemo -- Somalia - Ideology and the development of educaiton : an historical perspective / Ahmed Kyeyune -- South Africa (I) - "Randhart case" : notes on a pending "watershed" case on the state, education and religion / Johan Beckmann -- South Africa (II) - The wearing of religious and cultural symbols in South African public schools / Georgia Du Plessis -- Uganda - Religious freedom in educational institutions in Uganda : a quest for legal redress / Yusuf Kasumba -- Part VI. Asia/Australia: Australia - Constitutional responses to religious rights / Sally Varnham and Maxine Evers -- India - Supreme court attempts at balancing religious and ideological rights / Ruhi Paul -- Kazakhstan - On the headwear ban in schools / Roman Podoprigora
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