Humanists in legal bid to let pupils opt out of religion

A lEGAl challenge has been launched after the Scottish Government rejected calls to allow school pupils to opt out of religious observance.

The humanist Society Scotland (hSS) is set to seek a legal review at the Court of Session following a decision by ministers not to change the current rules, under which parents must speak on their children’s behalf if they wish to opt out of religious worship.

This follows a recent ruling by the United Nations Children’s Rights Committee which raised concerns over the Scottish Government’s position, and recommended that young people should be given the right to withdraw from religious observance if they wish.

The hSS claims that the Scottish Government’s refusal to update guidance following the ruling means that ministers have potentially acted unlawfully.

The charity, which represents non-religious people in Scotland, has not made it clear what age it believes children should be given the responsibility to opt out of religious observance themselves.

however, the legal documents submitted for the review include a number of options starting from the age of 13.

Gordon MacRae, hSS chief executive, has argued that the Scottish Government should change its stance to meet not only the UN ruling, but also to afford school pupils in Scotland the same rights as those in England and Wales, where youngsters can opt out of religious observance when aged 16 to 18.

Mr MacRae said: ‘In Scotland, young people are trusted to get married, join the army and vote in elections for the constitutional future of Scotland.

‘however, Scottish ministers still do not trust them to make their own decisions about attending religious observance or to give young people the same

‘A mess, a classic political fudge’

right as those living in England and Wales.

‘For some time now, we have been calling on the Scottish Government to update its policy on religious observance.

‘I had hoped that if they would not listen to us, then at least they would listen to the United Nations.’

he added: ‘Sadly our efforts to seek progressive reform of this outdated requirement of Scottish education has failed.

‘The Scottish Government’s policy on religious observance is a mess, a classic political fudge. Our young people deserve better.’

The law in Scotland that governs religious observance has not been updated since 1980, and the last government guidance issued was in 2011.

It was originally introduced in 1872.

Earlier this year, the UN issued a report stating concern that children in Scotland did not have the right to withdraw from ‘col- lective worship without parental permission’.

It concluded: ‘The committee recommends the state party repeal legal provisions for compulsory attendance at collective worship in publicly funded schools and ensure that children can independently exercise the right to withdraw.’

The Scottish Government stated it believes religious education allows children to explore the different religions practised around the world.

A spokesman said: ‘Religious observance is a whole-school activity which should be sensitive to traditions and origins, and should seek to reflect these, but it must equally be sensitive to individual beliefs.’