Abstract

The Constitutional Court ascertained the unconstitutionality of the provisions of National Education Law which established the possibility that pupils may not attend Religion classes provided that a request in this respect is made in writing by parents or the legal guardian, because these provisions constituted an infringement of the constitutional provisions of Article 29 on freedom of conscience. The Court stated that in adopting its regulations in education, the legislature must take into account that Article 29 para 6 of the Constitution guarantees the right to religious education and not the obligation to attend Religion classes. In this respect, free expression of options necessarily involves the person’s own initiative to attend the subject of Religion and not the tacit consent or the express refusal to attend Religion classes.

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