Abstract
According to the ECHR, parents have the right to have their children educated in conformity with their own religious and philosophical convictions. In this contribution, we examine how this passive freedom of education is granted in the Belgian (Flemish) and Dutch education systems, which are both characterised by substantial funding of non-governmental (mainly Christian) schools. In order to do so, we will have a closer look at the diversity between denominational schools as well as to the diversity within these schools, with a particular focus on their school identity and their policy concerning Religious Education (RE). In addition, attention will be given to the organisation of RE classes in governmental schools, which is also considered a means to guarantee the passive freedom of education. Our analysis brings us to the conclusion that, in spite of a similar legal and financial framework, the Dutch constellation is currently best able to guarantee passive freedom of education for all in today’s secularised, pluralistic context.
Highlights
Freedom of Education: EducationalAccording to the European Convention on Human Rights (ECHR), Choice in Flanders and The [n]o person shall be denied the right to education
In the exercise of any functions which it assumes in relation to education and to teaching, the State shall respect the right of parents to ensure such education and teaching in conformity with their own religious and philosophical convictions
In order to guarantee “free [educational] choice to parents” (§1), non-governmental schools are largely funded by the state: Salaries for staff are the same in governmental and non-governmental schools; subsidies per student are equal; and infrastructure and working costs in non-governmental schools are subsidised for 60 percent or more
Summary
According to the European Convention on Human Rights (ECHR), Choice in Flanders and The [n]o person shall be denied the right to education. In order to guarantee this right, parents and (religious) associations are free to establish schools according to their own religious/philosophical/pedagogical convictions. 606), merely facilitating the establishment of denominational schools is not always sufficient in order to enable fair educational choice or “passive freedom of education”. This passive freedom of education—i.e., the right of parents to choose a school in accordance with their religious/philosophical/pedagogical convictions—is closely intertwined with what is called “active freedom of education”, i.e., the right of, e.g., parents,. (3), the right to establish schools as well as the right to organise RE in governmental schools are, at present, highly disputed issues in both nations Triggered by these societal discussions as well as by recent legal and sociological evolutions, we can observe several important developments and changes. Before we elaborate on these topics and come to a conclusion (§8), we will first give a short introduction to the Belgian and Dutch education systems (§2), followed by a state of the art of the current school population in both nations (§3)
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