Prevailing Religion as a Factor in Enhancing the Right to Education: The Example of Educational Policy in Greece

Abstract

It is clearly stated by the European Court of Human Rights (ECtHR) that provided education should not follow or consist of a means of catechism contrary to the religious or philosophical perceptions of the parents. Consequently, a specific negative claim is established: the state, through its educational policy, must refrain from transmitting information that is contrary to the philosophical and religious beliefs of the parents. In Greece, education policy is not neutral. It has a clear Christian orientation, primarily due to the constitutional establishment of the prevailing religion. It is not a constitutional paradox but a choice of the legislator based on cultural and social characteristics. This article aims to present an analysis of the effect of the constitutional establishment of the Christian faith in the national educational policy, which aims at the development of national and religious consciousness. Given that religious education is more freely formulated, the influence of the prevailing religion proves to be catalytic. In Greece, the catechism is preferred, according to the teachings of the prevailing religion. This choice makes it easier for parents to raise their children based on their beliefs, effectively reinforcing the fundamental right established by Article 2 of the additional protocol of the ECHR.