Young people’s opt-out from religious observance in schools
Who
Humanist Society Scotland is the national charity for Humanists and non-religious people in Scotland. They support people to celebrate and live an ethical, secular, rational life as a Humanist.
Humanist Society Scotland is the national charity for Humanists and non-religious people in Scotland. They support people to celebrate and live an ethical, secular, rational life as a Humanist.
The issue
In November 2016 the charity and campaigning group petitioned for a judicial review following correspondence from the Scottish Government confirming that they did not intend to change the law to extend the parental right of opt-out of religious observance to children and young people. Humanist Society Scotland had written to Scottish Ministers after the 2016 UNCRC Concluding Observations called on the Scottish Government to lift the existing ban on a young person's opt out to ensure that all citizens are able to realise their right to freedom of thought, belief and religion.
Following expert legal advice, the charity believed that there were grounds to consider that the Scottish Government may have acted unlawfully by refusing to fulfill commitments set out in the Children and Young People's Act 2016. Humanist Society Scotland took the case forward on both human rights grounds, as the representative body of Humanists and non-religious people in Scotland, and on the grounds that Scottish Government guidance to Headteachers did not reflect the policy as set out in the correspondence to the charity.
In November 2016 the charity and campaigning group petitioned for a judicial review following correspondence from the Scottish Government confirming that they did not intend to change the law to extend the parental right of opt-out of religious observance to children and young people. Humanist Society Scotland had written to Scottish Ministers after the 2016 UNCRC Concluding Observations called on the Scottish Government to lift the existing ban on a young person's opt out to ensure that all citizens are able to realise their right to freedom of thought, belief and religion.
Following expert legal advice, the charity believed that there were grounds to consider that the Scottish Government may have acted unlawfully by refusing to fulfill commitments set out in the Children and Young People's Act 2016. Humanist Society Scotland took the case forward on both human rights grounds, as the representative body of Humanists and non-religious people in Scotland, and on the grounds that Scottish Government guidance to Headteachers did not reflect the policy as set out in the correspondence to the charity.
The case
At the initial hearing the judge indicated that he was not minded to grant Humanist Society Scotland ‘standing’ as they are not a religious body and that they were not therefore a 'victim' whose rights had been infringed. He did however indicate that the case could proceed on the narrower point regarding the shortcomings of the guidance.
At the initial hearing the judge indicated that he was not minded to grant Humanist Society Scotland ‘standing’ as they are not a religious body and that they were not therefore a 'victim' whose rights had been infringed. He did however indicate that the case could proceed on the narrower point regarding the shortcomings of the guidance.
The outcome
In response to the challenge, Humanist Society Scotland and the Scottish Government agreed to ‘cist’, or pause, the legal action, pending a new consultation on revised guidance for religious worship in schools. Following this consultation, the guidance was updated to allow children and young people more say in how religious observance is run but still does not allow them a choice regarding opting out. Humanist Society Scotland are continuing to press for a change to the guidance or law to allow young people their own choice regarding the right to opt out.
In response to the challenge, Humanist Society Scotland and the Scottish Government agreed to ‘cist’, or pause, the legal action, pending a new consultation on revised guidance for religious worship in schools. Following this consultation, the guidance was updated to allow children and young people more say in how religious observance is run but still does not allow them a choice regarding opting out. Humanist Society Scotland are continuing to press for a change to the guidance or law to allow young people their own choice regarding the right to opt out.
