Verski pouk - zbornik by Zavod sv. Stanislava LJ

Zavod sv. Stanislava

RELIGIOUS EDUCATION IN THE WORLD T ODAY VERSKI POUK V SVETU DANES

Edited by DRAGO ČEPAR and ROMAN GLOBOKAR

1 Zavod sv. Stanislava

RELIGIOUS EDUCATION IN THE WORLD TODAY VERSKI POUK V SVETU DANES

Proceedings of the Conference Ljubljana, 4 - 6 December 2012 Zbornik konference Ljubljana, 4. – 6. decembra 2012

Edited by DRAGO ČEPAR and ROMAN GLOBOKAR

Zavod sv. Stanislava

This work is subject to copyright. All rights are reserved, whether the whole or part of the material is concerned, specifically the rights of translation, reprinting, re-use of illustrations, recitation, broadcasting, reproduction by photocopying machine or similar means and storage in data banks. Copyright: Zavod sv. Stanislava, http://www.stanislav.si/ Ljubljana, Zavod sv. Stanislava, February 2013

CONTENTS Drago Čepar, Roman Globokar, Preface .......................................................................... 6 Opening session ............................................................................................................ 7 Jože Trontelj, About Religions and Ethics - Welcome address ......................................... 8 Anton Stres, Welcome address ...................................................................................... 10 Roman Globokar, Welcome speech ............................................................................... 11 Nedžad Grabus, About Islamic Religious Instruction - Welcome address ..................... 13 Cole Durham, World Overview.................................................................................... 15 Masykuri Abdillah, Religious Education in Indonesia ................................................... 16 Edvins Danovskis, Report on Latvia .............................................................................. 23 Kanak Bikram Thapa, B., B., Mukhia, Legal Status of Religion and Religious Education in Nepal ...................................................................................................................... 26 Jacek Tendej CM, Religious Education in Poland ......................................................... 36 Jorge Bacelar Gouveia, Religious Education in Portugal ................................................ 39 Elena Miroshnikova, The Challenges to Religious Education : the Russian case ............ 44 Olivera Koprivica, Religious Education in Public Schools in Serbia ............................... 55 Michaela Moravčíková, Religious Education in the World Today - Slovakia.................. 72 Drago Čepar, Religious Education in the Republic of Slovenia ..................................... 81 Derek H. Davis, Religious Education in the United States of America .......................... 92 Gregor Celestina, Religious Education at Diocesan Classical Gymnasium .................... 100 Andrej Naglič, Primerjava avtonomne in državnopravne ureditve vzgoje in izobraževanja kot dejavnosti cerkva in drugih verskih skupnosti ....................................................... 102 Simon Umek, Prohibition on Religious Education in Slovenia in Contradiction with the European Concept of Freedom of Religion ................................................................ 108

Drago Čepar, Roman Globokar, Preface The theme of the conference, organized by the St. Stanislav’s Institution of Ljubljana, Slovenia and the Law and Religion Program of Brigham Young University, Provo, Utah, USA, has been “Religious Education in the World Today” and was based on the book “The Routledge International Handbook of Religious Education” recently published by Routledge Press and edited by Derek H. Davis and Elena Miroshnikova. The majority of the participants were contributing authors of the book. It took place in the St. Stanislav’s Institution in Ljubljana. The conference offered an oportunity to exchange information and views about the religious educations in schools of countries from America (USA), Asia (Indonesia, Nepal) and Europe (Austria, Latvia, Poland, Portugal, Russia, Serbia, Slovakia and Slovenia). Among them we can find countries with predominantly muslim, hindu, christian catholic, orthodox and protestant populations. Six of them had a historical experience of the socialist political system known for its unfriendly relationship to religion in general. During the rich plenary session some aspects of given contents were discussed and elaborated by Nedžad Grabus, Lovro Šturm, Andrej Naglič, Simon Umek , Gregor Celestina, and others; a comprehensive world overview was given by Cole Durham. As lectures and interventions have been recorded, the records also are accessible from this text and from the table of contents. At the beginning of this volume the addresses by the President of The Slovenian Academy of Sciences and Arts Jože Trontelj, the Archbishop and Metropolit of Ljubljana Anton Stres, the Director of St. Stanislav's Institution Roman Globokar and the Mufti of the Islamic Community in the Republic of Slovenia Nedžad Grabus are published. They are followed by the world overview by Cole Durham, papers dealing with individual countries, and contributions in the plenary session. Papers are published in the language, they were delivered, with no proofreading provided by the editors. The conference would not have been possible without the generous financial support from Brigham Young University, initial ideas and endeavours by Derek Davis, and intense work of the whole team of the St. Stanislav’s Institution, especially Gregor Celestina, Mateja Doberšek, Lily Schweiger Kotar and Marko Weilguny. Our thanks go to former president of the Constitutional Court of the Republic of Slovenia Lovro Šturm and to the professor of Faculty of Theology of University of Ljubljana Stanko Gerjolj for their essential contributions to the program and for chairing conference sessions. We are highly indebted to Gregor Lavrinec for his skilled technical help and assistance at recording the lectures and in preparing this volume of proceedings. 6

Opening session

Jože Trontelj, About Religions and Ethics - Welcome address Monsignor Anton Stres, Archbishop and Metropolit of Ljubljana, Professor Christian Gostečnik, Dean of the Faculty of Theology, Mr. Silvester Gabršček of the Ministry of Science, Education and Culture, Mr. Drago Čepar, Former Head of the Government Office for Religions, Dr. Roman Globokar, Director of St. Stanislav's Institution, distinguished speakers, Ladies and Gentlemen, Mankind owes deep gratitude and respect to religions. They tend to develop the best side of human beings. We are all beneficiaries of religious values. Without these values civilisations would not develop, or, once developed, they would collapse. The religious values have provided foundation for universal morals and ethics and they serve as cornerstones of orderly life of humanity. Secularisation has severed values from religions. It was good to see that values have survived. Yet their health is unfortunately often questionable. In our age, a large part of the world population participates in an involuntary experiment. It is not recognised as such, yet essentially it is a trial whose apparent aim is to see whether humanity can find an alternative, purely secular, basis for its morals and ethics, legal rules and regulations. Many have no doubt. The answer is yes, they say. Moreover, yes is the only right and the only possible answer. However, our past and present experience shows otherwise. Every generation must ask its own questions and find its own answers. This time some questions appear new. However, the most important ones are old, although they need to be reopened. Our generation is facing great difficulties, but it also has an important advantage. There is a considerable wisdom, collected through the past decades and centuries, and this wisdom is consulted with respect. Best advise based on past experience, both good and bad, is readily available and is not quite overheard. In our age and at our time, the world is on the threshold of a big change, which has actualy started before the present economic crisis and even before globalisation. It is a change in perception of our future. It is taking place gradually, its advances have even suffered some setback due to the crisis and globalisation. But it appears to sit on uniquely strong foundations and the process seems to be unescapable and irreversible. This change is a shift of many modern societies towards post-materialistic values. It is a shift from the personal goal to have to the goal to be. This implies a re-discovered way leading to human happiness and to a safer survival of humanity. But this also means a need to take a new look at the culture of religions. We need to study and consult the essence of religious values, conscience and love. And we must pass the best of our knowledge and experience on to the coming generation. 8

Allow me, please, to extend to you best wishes of the Slovenian Academy of Sciences and Arts and my personal wishes for a fine success of your very important conference.

Anton Stres, Welcome address It is often believed that religious freedom in a country is like litmus paper, a reliable indicator of the degree of democracy, lawful state and respect of human rights. This freedom needs to be understood in a positive and not in a negative sense. The protection of human rights that the state owes to its citizens requires »positive freedom«. It means that the state positively respects these rights by introducing various encouraging and promotional measures in order to facilitate them. The state understands this kind of needs of the citizens, admits their legitimacy and value and supports them in various ways. In this light we also should understand religious freedom, and in fact this is how it is understood in most European countries. The state grants their citizens the right to freely and publicly express their religious affiliation, and, moreover, it enables and creates favourable conditions in which believers and their religious communities can wholly fulfill their religious needs. How far this support reaches in a particular case is the measure of the benevolence or hostility of a state towards the religion of its citizens and their religious communities. All this very much applies to the sensitive sphere of religious education of children and youth. Among the fundamental human rights is also the right of parents to provide their children with religious education in accordance with their religious belief. It is difficult to explain why, with respect to this, it is hard for Slovenia to advance towards a system comparable to other European countries. The Constitution of the Republic of Slovenia does not imply any hostility towards or restriction of religious freedom. Yet the mindset is as it is. This is our reality, and if we agree with our initial assertion – that the degree of religious freedom and benevolence towards religion and the Church is an indicator of the respect of human rights in a society – then our endeavors, together with this conference are not merely for more religious freedom. They stand also for more respect of human rights, for more democracy and mutual respect, for more political culture and all kinds of culture, including that of the heart. Dear friends, I thank you for your coming in our country, I thank you for your collaboration on this very important field of religious education, I wish you a very successful meeting and also a very pleasant stay among us.

Roman Globokar, Welcome speech Distinguished guests, ladies and gentlemen, dear friends, it is my pleasure to host the participants and other guests and to have the chance to organise another international conference on religious education at St. Stanislav's Institution as we did three years ago. I wish to thank Mr Drago Čepar for his help with the initiative and both editors of “The Routledge International Handbook of Religious Education”, Mr Derek Davis and Ms Elena Miroshnikova. In particular I would like to thank Mr Cole Durham from Brigham Young University, who has decided to present this outstanding work on the situation of the religious education today right in Slovenia. I would like to extend a warm welcome to the guests coming from ten different countries and four continents and I wish all of you a most pleasant stay in St. Stanislav’s Institution. In Slovenia the topic of religious education is connected with numerous prejudices and ideological disagreements. As you probably know, any confessional activity is forbidden in Slovene state schools. Any debate on religious education is quite quickly dismissed as the attempts of the Catholic Church in Slovenia to introduce catechism classes into schools. This is by no means the intention of this conference – the Church does not wish to force the introduction of catechism classes in schools. I wish to emphasise that there are no catechism classes in Catholic schools either, not in the sense of catechetical instruction or introducing students to the Catholic teachings. Religious education is in fact an up-to-date school subject, which studies the phenomenon of religion throughout history up until the present moment. All major religions are dealt with and their role as shapers of culture discussed. A lot of attention is paid to teaching for self-respect, solid relationships, respect of every man and, responsible attitude towards environment and society. Students have an opportunity to broaden, complement and critically assess experiences and knowledge they have already obtained on the field of religious and ethical questions. Let me remind you of some propositions of the participants’ of the conference on religious education in 2009 in St. Stanislav’s Institution. It was underlined that the debate on religious education should be conducted above all on the expert level and not a political one. Furthermore, it was stressed that there should be a consistent differentiation between religious education as a school subject that deals with the phenomenon of religion and its significance for the formation of an individual and social identity and catechism classes which are meant as an introduction of an individual to accept inwardly a certain religion and join a religion and religious community.

Catechism classes are in the domain of the Church and religious communities, while the religious education could be one of the school subjects as it is in most European countries. According to research, the knowledge of the Slovene youth about religion is poor, however, it is still the best protection against religious intolerance and consequently an obligatory part of a modern multicultural and multireligious global society. That is why the participants of the previous conference suggested the necessity of a plural group of experts to be put together. Its task would be to assess the situation of religious education in the Slovene educational system without ideological prejudices and study the options for changes in this field. The resolutions of the conference in 2009 are still topical and I trust that with this conference we may take at least a small step further. I also hope that the experience from other countries and from such mixed religious communities will contribute to the fact that slowly the fear of religious education will disappear in the Slovene public and that it might become aware of the fact that learning about religious education actually adheres to general knowledge and contributes to the comprehensive formation of a young person. Through the ongoing conference the following goals are hoped to be achieved: offer an overall view of the role of religious education in the education systems in Slovenia and worldwide; also to present the practical application of this school subject and encourage consideration of the role of religious education in Slovenia inform the public about the topic of the conference, that is, why prominent Slovene and foreign experts working on the field of religion from academic and juridical spheres have been invited, as well as undergraduate, postgraduate and doctorial students from the University of Ljubljana, who are involved in any way with studies of religious education in various educational systems and the relationship between the State and Church. find common fundamental emphasis of all religious educations throughout the world to enable a comprehensive growth of the youth today encourage dialogue among different denominations and thus foster new opportunities for better understanding in the world It is my personal wish that this conference might contribute to mutual enrichment and create new paths among different nations and religions, especially when searching for answers to fundamental questions of the meaning of life. The interreligious dialogue and interaction between believers and non-believers are the most indispensible cornerstones of harmony and piece in the modern global society. Knowledge about each other and cooperation fight prejudices and fears. Thank you once again for coming and I wish you fruitful inspiration while being a part of this conference. 12

Nedžad Grabus 1, About Islamic Religious Instruction - Welcome address Dear Ladies and Gentlemen, Please first allow me to thank you for organization of this significant meeting in Ljubljana and for invitation to contribute myself towards discussion on a topic of such importance. I represent the Islamic Community in Slovenia. We organize religious instruction for over two thousand elementary school pupils and five hundred students of secondary schools all over Slovenia. Our infrastructure is on a rather modest scale and we keep encountering serious difficulties when organizing instruction; this is most strongly expressed in Ljubljana. The issue of religious instruction and education about religion is a matter of key importance for development of harmonized relations among people in contemporary society. I personally teach the subject Basics of Islamic religion at the Faculty of Islamic Sciences (Teachings) in Sarajevo. In the school year 1994/1995, I was teaching Islamic instruction to Muslim pupils in the Catholic School Centre in Sarajevo. For the past ten years, a discussion concerning new values and religion as such has been ongoing throughout the world. This debate is particularly pronounced in countries where religion used to be totally suppressed and excluded from public discourse and life. On the other hand, the beginning of 21 st century is also marked by new social circumstances in the most developed countries of Europe and in the context of discussion concerning plurality and diversity of cultures and religions. As long as by the half of the twentieth century, Europe used to be, for the most part, a monoreligious and monocultural continent. The new context, however, poses new questions. The experience of Muslims – Bosniaks in this sense may prove to be interesting for the present discussion. In Bosnia and Herzegovina Islamic instruction is an optional mandatory subject. The same status is granted to the catholic and orthodox instruction. I will naturally deal only with the Islamic instruction. Over the past twenty years, we have developed textbook literature, pedagogic and didactic approach to teaching of religion was greatly improved and, most important, over 90% of pupils decided to attend the religious instruction lessons. There have been and still are ongoing public discussions about whether religious instruction is the best choice for pupils or not and whether it would be better to select the subject called Culture of religions. Most parents decided upon confessional religious instruction. Both in Croatia and Austria, Islamic religious instruction is likewise available. Experience of religious teachers is expressly positive. In addition to knowledge, the pupils learn and acquire values of extraordinary importance for life. Experience has shown that a systemic approach to teaching of religion allows for 1

Nedžad Grabus, Ph.D., is Professor at the Faculty of Islamic Sciences in Sarajevo and Mufti of Slovenia. 13

a natural development of a student and at the same time enables such student to acquire knowledge in the realm of religion, which helps him or her to apply such knowledge objectively and to use it in real life in building up his or her personality and a free citizen and useful member of a broader social community. In all discussions on religious instruction in schools, it is necessary to keep in mind the fact, that the context we are talking about is of a secular nature and that there is separation between the church and the state. Professor Rik Torfs speaks about two levels of religious freedom in European countries: level A includes freedom of religion and belief, while level B covers manifestation of religion. The issue of religious instruction and freedom of education in religion are questions to which there are no clear answers, also in Slovenia. It is difficult to find equilibrium between the knowledge of Islam that the pupils acquire from formal and official literature, which frequently shows tendencies toward exclusivism and stereotypes, and the knowledge of religion which is forwarded through tradition from generation to generation. While the character and status of religious instruction is determined by the state, the curriculum is determined by the Islamic Community and must naturally observe all professional and pedagogic standards. Teachers are educated at theological faculties and the Islamic Community issues the relevant certificates. Teachers are employed by schools according to their own criteria and are hired just as any other employees. Thank you for your attention.

Cole Durham, World Overview Waiting for final text.

Masykuri Abdillah 2, Religious Education in Indonesia Introduction Indonesian society is a diverse society, consisting of various groups with different backgrounds, be it ethnic, religion, culture, or race. In this country there are about 583 ethnic groups and local languages or dialects as well as six officially recognized religions. Each of the religions has equal rights and obligations, and each has religious holidays recognized as official holidays. The five religions are: Islam (87.18 %), Christianity (Protestants 6.96 % and Catholics 2.91 %), Hinduism (1.68 %), Buddhism (0.671 %) and Confucianism (0.126 %). Although the majority of Indonesia population are Muslims, there are several provinces whose majority of population are non-Muslims. There are 27 of 33 provinces whose majority of population are Muslims, and there are three provinces whose majority of population are Protestants, namely North Celebes, Papua and West Papua. Besides, there is one province whose majority of population are Catholics, namely East Nusa Tenggara, there is also one province whose majority of population are Hundus, namely Bali. Moreover, there is one province whose population are almost the same between Muslims and Christians, namey Maluccas. Hence the founding fathers formulated the motto, Bhinneka Tunggal lka (unity in diversity) to account for this situation. Preparing for Indonesian independence in 1945, they promoted Pancasila (five principles) as a common platform, making it the basis of state. Consequently, Indonesia is neither a secular nor a religious state, but the state clearly recognizes the existence of religion in the life of the state, as stipulated article 29 of the Indonesian Constitution The principels of Pancasila are: (1) believe in God, (2) just and civilized humanitarianism, (3) the unity of Indonesia, (4) democracy guided by the inner wisdom of deliberation among representatives, and (5) social justice for all of Indonesian people. The state policies toward religion are: (1) establishing Ministry for Religious Affairs for serving and facilitating religious adherents. (2) adopting religious holidays of the six religions to be official holidays, (3) delivering religious education in the schools for six religions. One of the stateâ&#x20AC;&#x2122;s services is religious education as stipulated in the 1945 Constitution as well as in sevaral acts and regulations on education. As stipulated in article 31 of the 1945 Constotution, increasing of religious belief even becomes one of the objective of national education, namely â&#x20AC;?The government shall manage and organise one system of national education, which shall increase the level of religious belief, devoutness and moral character in the context of educating people, regulated by law.â&#x20AC;? For this objective, Masykuri Abdillah is Professor at the State Islamic University, Jakarta; and received his Dr. Phil. at the Department of Middle East History and Culture of the University of Hamburg, Germany in 1995. 16 2

the National Educational System Act of 2003 recognizes religious education, as stipulated in article 30, namely: 1) Religious education is provided by Government and/or by any group of people belonging to the same religion in accordance with the law in force. 2) Religious education has the function to prepare learners to become community members who understand and practice religious values and/or acquire expertise in religious studies. 3) Religious education can be conducted through formal education, non-formal education, and informal education. 4) Religious education can take the form of diniyah education, pesantren, pasraman, pabhaja samanera, and other education forms of the similar type. Religious education is not only for Muslims as the majority of the Indonesian people, but also for Christians, Hindus, Buddhists, and Confucians. There are two ministries that are responsible to serve and facilitate mass or public education, namely: (1) Ministry of Education and Culture (M.O.E.C.), which is responsible for general education and others, and (2) Ministry of Religious Affairs (M.O.R.A.), which is responsible for religious education and religious educational institutions (religious schools) only. Yet the organizers of education are not only the government (state), but also private organizations, including religious organizations. Indonesia delivers religious education by formal and informal means. The first is religious education in the schools and religious schools, while the latter is religious education through sermons or lectures in houses of worship such as mosques, churches and temples or forum for learning of religious knowledge. Religious education in schools consists of two forms. The first is religious education as a compulsory subject matter or lesson for all levels of education from primary schools to university level, and the latter is religious education in religious educational institutions (religious schools). Based on this background, this paper will describe and analyze the development of religious education in both forms. Religious education as a subject matter Religious education as a subject matter for primary and secondary schools originally was based on the Decree of the Minister of Religious Affairs No. 3/1953. After this, religious education from primary school up to university was based on the Decree of M.P.R.S. (Peopleâ&#x20AC;&#x2122;s Consultative Assembly) 1960 and 1966. Today it is based on the National Educational System Act of 2003, and operationally it is based on the Government Regulation of 2007 on Religious Education and Religious Educational Institutions. According to this regulation, the function of religious education is to develop the 17

Indonesian people who believe and fear (taqwa) Allah, to teach morality, and also peace and harmony in intra- and interfaith relations. It is also included in national curricula from primary school to university, which are administratively under the Ministry of Education and Culture (M.O.E.C.), as stipulated in Article 30 of the Act. In this case, the Ministry of Religious Affairs (M.O.R.A.) is obliged to provide religious teachers for the schools and universities, especially those belonging to the state. Religious education is today a compulsory subject matter, as stipulated in Article 12 of the Act: “religious lesson is delivered to every learner in accordance with his/her religion imparted by a teacher who has the same religion.” In certain cases, however, this Article has not been effectively implemented because of limited religious teachers, especially in remote areas. In certain cases, a non-religious teacher might teach a religious lesson, or a teacher whose religion is different from the student’s might deliver a lesson. The same problem also occurs in private schools that belong to a religious organization, which mostly provide religious education only for learners whose religion is the same as the organization’s religion. Other learners whose religion is different from the organization’s religion rarely receive religious education in school. The function of religious education as a subject matter in general schools as stipulated in article 2: (1) of the Government Regulation of 2007 on Religious Education and Religious Educational Institutions is “to develop the Indonesian people who believe and fear (taqwa) Allah, to teach morality, and also peace and harmony in intra- and interfaith relations.” For the guidance of the implementation of religious education as a subject matter in the schools, the Minister of Religious Affairs issued his Decree on the Management of Religious Education of 2010. The guidance consists of standard of subject matter, curriculum, learning process, the competence of learners, teachers and administrator, facilities, budget, and evaluation. Based on the above function, in general religious education consists of religious knowledge, religious rituals, and religious practices, including on relation among believers. The subject matters of religious education are standardized by the government (Ministry of Religious Affairs) in cooperation or consultation with Religious Council of respective religion, namely: (1) Mejelis Ulama Indonesia (MUI, Indonesian Council of Ulama), (2) Persekutuan Gereja-Gereja Indonesia (PGI, Communion of Indonesian Churches), (3) Konferensi Waligereja Indonesia (KWI, Bishops' Conference of Indonesia), (4) Parisada Hindu Dharma Indonesia (Parisada, Indonesian Hindu Council), (5) Perwakilan Umat Buddha Indonesia (WALUBI, Representatives of Indonesian Buddhists), and (6) Majelis Tinggi Konghucu Indonesia (MATAKIN, High Council of Confucianism).

Although religiosity and morality are becoming one of the objectives of education, schools typically offer religious lessons only for two lessons (90 minutes) per week in every semester. Most devout people, especially Muslims, consider this too little time and, hence, many of them request more time for this subject. Moreover, many want ethics and morality offered as part of religious education. Yet it is too difficult to fulfill this request because the burden of the existing curriculum is already heavy. Most schools solve this problem by conducting religious education as an extra-curricular program and making it not only a responsibility of teachers of religious lessons, but also of other teachers by integrating it into all subjects. In this context, the schools generally provide a prayer room in the area of school, unless the schools belong to a non-Islamic educational institution. Due to strong demand from the people, the Ministry of Education and Culture (M.O.E.C.) plans to extend time for religious education to be four lessons (180 minutes) per week starting in the next school year of 2013. Religious education in religious schools Religious school is recognized as one of types of schools in Indonesia, as stipulated in article 15 of National Educational System Act of 2003, namely “the types of education include: general education, vocational education, academic education, professional education, vocational and technical education, religious education, and special education.” Its function, as stipulated in article 8: (1) of the Government Regulation of 2007 on Religious Education and Religious Educational Institutions, “is to prepare students to be members of the community who understand and practice the values of their religion and/or experts in religious knowledge (theologians). This means that religious education in religious schools is delivered more deeper than that as a subject matter. Religious education in religious schools consist of formal, non-formal and informal education. The formal religious schools consist of primary religuous school, secondary religuos school, and religious colleges /institutes. Basicallay formal religious schools deliver subject matters on religious knowledge. Yet they also deliver subject matters on general education to prepare learners having knowledge and skills to continue their education in general education (schools). If religious education in general schools covers only religious knowledges and practices in general, religious education in religious schools covers religious knowledges and practices in more deteail. Hence, the alumni of religious schools are becoming potential inputs for religious collages or seminaries, although basically they can continue their study in non-religious fields or majors. Each religion in Indonesia has religious schools from secondary school to university level, but Islamic religious school has also primary school. Most religious schools (about 90 percent) are privat schools. In previous periods, the government marginalized religious 19

religious schools, especially through low budgets and limited acceptance of their alumni for employment. In the reform era (1998â&#x20AC;&#x201C;present), which practices substantive democracy, there is no longer discrimination between school and religious school in terms of state policy, although in practice this sometimes still happens. The modernization of education does not mean dissolving religious schools or converting them to be general schools, but recognizing religiouis school as a part of national education, including giving an equavalent of religious schools to general schools as well as giving opportunity to alumni of religious schools to continue their education to general schools and universities. Islamic religious education has functioned since the early days of Islam in Indonesia (thirteenth century). In the beginning, Islamic education had the form of pesantren (Islamic boarding school), which was at that time the only structured educational institution in Indonesia and the oldest system of education in Indonesia. Since Indonesian independence in 1945, a significant number of pesantren have adopted the madrasah system. Since the 1970s, there have been efforts toward Islamic education reform, introduced by either government and Muslim leaders or ulamas. In 1975, the government issued a Joint Decree between the Minister of Religious Affairs, Minister of Education and Culture, and Minister of Home Affairs. The Decree raised the status of the madrasah system to make it the equivalent of the stateâ&#x20AC;&#x2122;s school system. Yet the joint degree established in 1975 brought about a change of madrasah curriculum so that it now consists of 30 percent religious subject matter and 70 percent social and natural sciences. Before 1990 madrasah was considered a religious education, but since the early 1990s the madrasah has become a general or public education, as stipulated in the National Educational System Act of 1989. The Act was amended to become the National Educational System Act of 2003, and it strengthens the status of madrasah whose number in 2012 is about 67.300 and their learners are about 20 percent of the total number of learners throughout Indonesia. The regulation brought about two forms of madrasah, namely: (1) madrasah as a general or public education with Islamic character; most of them (about 91 percent) are private and the others are state schools, and (2) madrasah diniyyah (religious school) that mainly introduces religious knowledge, and all of them are private schools. The Government Regulation of 2007 on Religious Education and Religious Educational Institutions also stipulate religious schools of Christians, Catholics, Hindus, Buddhists and Confucians. They consist of formal and informal education. Formal Christian religious education is materialized in the form of secondary theology schools, while informal education is mainly delivered in the form of courses on religious subject matters in Sunday schools. According to a survey in 2010 conducted by the Center for Religous 20

Research of the Ministry of Religious Affairs, the number of Protestant religious educational institutions is 2,295, while the number of Catholic religious educational institutions is 6,153. Most Protestant religious educational institutions are private and only several numbers of them are state, but all Catholic religious schools are private. Like Christian religious educational institutions, formal Hindu religious education is materialized in the form of secondary theology schools (pasramans), while its informal education is mainly delivered in the form of courses on religious subject matters in Sunday schools. Yet there is no formal religious education in Buddhist community, and all of them are informal education mainly delivered in the form courses in Sunday schools and Pabbajja Samanera. According to the survey in 2010, the number of Hindu religious educational institutions is about 8,6731, while the number of Buddhist religious educational institutions is about 4,485. Beside in primary and secondary schools, religious education is also delivered in university for two hours in the first semester. Besides, each religion has also religious colleges or theological seminaries aiming mainly to prepare students to be experts in religious knowledge (theologians). Most of them are private, and only several numbers of them are state. Religious education delivered to learners is moderate in nature to account for the diverse Indonesian society, which is multicultural, multi-faith, and multiethnic in nature. This is in accordance with the objective of national education, as stipulated in Article 31 (1) of the 1945 Constitution: “improve belief in Good and glorious ethics,” and it is also stipulated in the National Educational System Act: “in order to be humankind who believes in God, has a glorious ethics … becomes a democratic and responsible citizen.” This means that religious education is also responsible for educating students to have a religious and national vision/identity. In line with this, religious education is obliged to promote tolerance, peace, and harmony in the life of society and state, including religious tolerance; and conversely, to oppose radicalism and violence, especially that which is legitimized by religious doctrines. Conclusion Indonesia delivers religious education through formal and informal modes. Religious education in formal education consists of two forms: religious education as a compulsory subject, and religion offered in religious educational institutions (religious schools). The first is a subject matter provided for all levels of education from elementary school to university, in both state or private institutions, while the latter consists of religious educational institutions (religious schools). Religious education is not only for Muslims as the majority of the Indonesian people, but also for Christians, Hindus, Buddhists, and Confucians. Informal religious education is mainly delivered in the form of courses on religious subject matters in houses of worship, namely mosques, churches, and temples. 21

Religious education is today facing more challenges than in previous times, due mostly to modernization that usually leads to rationalization and secularization, so that many students are not interested in religious lessons. In such a situation, religious teachers are obliged to improve the quality of their subject matter and teaching methodology. Hence, teachers should explain religious teachings not only from a theological perspective, but also from a practical everyday life. They should also explain them rationally and scientifically, including in the context of globalization, democratization, human rights enforcement, and the like. Besides, they should deliver religuous teachings that strengthen peace and harmony in intra- and interfaith relations by paying attention to the contexts of a diverse Indonesia which is multicultural, multi-faith, and multiethnic in nature.

Edvins Danovskis, Report on Latvia Overview on Latvian Educational System 3 In Latvia the system of general education is organized in several stages: pre-school (mandatory for children from the age of five), basic education (grades 1 to 9) and the secondary education (grades 10 to 12). The process of general education is ensured by schools founded by local government; however, the process of education in the country (defining the curriculum, exam dates, etc.) is organized centrally. The education system underwent legal reforms in 1998- 1999, when Education Law and General Education Law were adopted. The basic principles of the school system (stages of education, funding of schools, basic principles of curriculum, the rights and obligations of pedagogues and educatees) are the same throughout the country. There are three types of educational institutions in Latvia â&#x20AC;&#x201C; educational institutions founded by the state, by local governments and institutions founded by private persons. The mandatory curriculum of education and the basic assessment principles are centrally defined in the state standard of education, approved by the Cabinet of Ministers. Institutions of education elaborate the program of education, and in the scope defined by acts of legislation an educational institution has discretion as regards its implementation. These programs of education are accredited. In turn, the content of a concrete subject (for example, mathematics, Latvian language, etc.) is elaborated by the institution of education, but in compliance with the state standard defined for the respective subject (the content of the subject, knowledge and skills to be acquired, etc.). Religious instruction organised during the school hours (in lower and in secondary education) in state funded schools 4 Under Article 6 of the Law on Religious Organizations, the Christian religion may be taught in state and municipal schools to persons who have requested it in a written application. It is important to be noted that according to the law Christian religion in accordance with the curriculum approved by the Ministry of Education and Science may be taught by teachers of the Evangelical Lutheran, Roman Catholic, Orthodox, Old This part of the report contains excerpts from the article Danovskis E. Report on Latvia. In: Balancing Freedom, Autonomy and Accountability in Education Volume 2. Ed. by Charles L. Glenn, Jan de Groof. Wolf Legal Publishers, 2012. 4 This part of the report contains excerpts from the article Balodis R. Religious Education in Latvia. In: The Routledge International Handbook of Religious Education. Ed. by Derek H. Davis, Elena Miroshnikova, 2013 23 3

Believers or Baptist denominations, if not less than 10 students of the same school have expressed their wish to study the religious teaching of the relevant denomination. Applications by minors to be taught Christian religion must be approved by parents or guardians. If the minor is under 14 years of age, the minor's parents or guardians submit the application. Students at state-supported national minority schools may also receive education in the religion "characteristic of the national minority" on a voluntary basis. 5 Other denominations may provide religious education in private schools only. Those organisations that have no rights to teach religion in schools put their emphasis on Sunday schools. For example, on Sundays parents go to mass while children aged 3 -10 years are taught in Sunday school. 6 Many denominations have developed comprehensive system of Sunday Schools. For example the Baptist congregations in Latvia, embracing more than 6 200 members have Sunday Schools attended by approximately 5 000 children. 7 Thus, for example, Jews or Muslims, whose religion is not mentioned in the Law on Religios Organizations, can ensure religion classes for their children. Because of the historical predominance of Christianity in Latvia, this law provides only for the teaching of the Christian religion. 8 Ethics is offered as an alternative to religious instruction. In Latvia if a student does not want to learn the religious teaching he has to choose teaching of ethics. Religion as subject and other for Latvia untraditional religion subjects, such as Islam are not compulsory in Latvia. Each school may offer these subjects as electives. 9 The Standard in these subjects is formed through the coordination with the Ministry of Science and Education. From September 1, 2004, either of Ethics or Religion will be offered as compulsory subjects to grades 1-3, where the parents of pupils have to choose one of the mentioned subjects beforehand. The amount of the compulsory subjects and their content 10 in educational programmes of the institutions run by the local governments providing general education and private educational institutions that carry out licensed general Balodis R. Das Recht der Religionsgemeinschaften in Letland/ Wolfgang Lienemann.Hans-Richard Reuter (Hrsg.) Das Recht der Religionsgemeinschaften in Mittel-, Ost – und Südosteuropa/ Nomos Verlagsgesellschaft, Baden – Baden 2005. s. 246-249 6 http://www.priekavests.lv/lv/izglitiba/svetdienasskola?read=3730 7 Balodis R. School - Religion Relations: Republic of Latvia. - Revue. Europeenne de Droit Public, 2005; Vol. 17 (1) spring p. 397 – 408 8 Balodis R. Church and State in Latvia. Law and Religion in Post-Communist Europe (Ed. Silvio Ferrari, W.Cole Durham). PEETERS, LEUVEN – PARIS – DUDLEY, MA 2003 p. 168 9 Balodis R. The Constitutional and Administrative Aspects of State and Church Regulation in the Republic of Latvia.Religion and the Secular State. Interim National Reports issued for the occasion of XVIIIth International Congress on Comparative Law The international Center for Law and Religion Studies Brigham Young University Provo, Utah, Washington, D.C. 2010 p. 484 10 http://visc.gov.lv/saturs/vispizgl/standarti.shtml ; http://visc.gov.lv/saturs/vispizgl/programmas.shtml 24 5

elementary or secondary education programmes of the Republic of Latvia is defined by the Regulations No.1027 of the Cabinet of Ministers of December 19, 2006 “Regulations on the State elementary education standard and elementary education subject standard” and Regulations No.715 of the Cabinet of Ministers of September 2, 2008 “Regulations on the State general secondary education standard and general secondary education subject standards” In the Christian teaching students gain knowledge and understanding about the order of the world created by God; learn to master the skills of the Christian life (praying, serving, and commonwealth); create motivation of action based on Christian values. According to the Law on Religious Organisations (Article 1.6.) 11 Christian teaching is a system of views, doctrines and ideas of certain Christian denominations, but religious teaching (Article 1.7.) is a system of certain religious views, doctrines and ideas. According to the Law everyone shall be entitled to acquire religious teaching, either individually or together with others in the educational institutions of religious organisations, but in the state and municipal schools only Christian religion may be taught to persons who have expressed such wish. Since 1998 the Law has been supplemented by Article 6(5), which provides that religious teaching and ethics classes are financed from the state budget. By taking a broader perspective on the interpretation of the Law on Religious Organisations – Christian teaching is the teaching of the common Christian faith principles in the Bible, values and manifestations in the development of the world culture of the 5 traditional Christian confessions (Lutheran, Catholic, Baptist, Orthodox, Old-believer). Christian teaching is interdenominational; it concentrates on the essentials of Christianity, important to both the state and society. In Christ’s teaching the open society model is with God in its centre and human as the highest value in it. 12 The standard of religious teaching and ethics subjects is coordinated with the Ministry of Science and Education, therefore free practice of religion is regulated by the national Law of education.

25.09.2002., Nr.137 3.1995.gada 7.septembra Religisko organizāciju likums (Law on Religious Organisations of 7th September 1995) // Latvijas Vēstnesis 26.09.1995., Nr.146 12 http://www.lelb.lv/lv/?ct=skolas 11

Kanak Bikram Thapa 13, B., B., Mukhia 14,

Legal Status of Religion and

Religious Education in Nepal 1. Introduction to Social Context At the outset, I would like to introduce the fundamental characteristics of Nepal. Nepal is with multi-ethnic, multi-lingual, multi-religious and diverse culture. Nepal is a country of highly diverse traditions and has a rich culture. Different kinds of festivals are celebrated throughout the year based on the customs and beliefs residing in different parts of the country. The total population of Nepal was 23,151,423 in 2001 and increased to 26,966,581 in 2008 (CBS, 2008). The peopleâ&#x20AC;&#x2122;s cultures and languages are well over hundred in numbers in both aspects and are all pervasive Nepal has been home of unique cultures and cosmologies. Nepalâ&#x20AC;&#x2122;s faith systems attribute to Sanatandharma, Prakritidharma (nature), Kiratdharma, Hinduism, Buddhism and other forms of manifestations and cultural ideologies. Linguistic landscape and cultures have contributed to Nepalâ&#x20AC;&#x2122;s diversity. Population of Nepal increased from 15 million in 1981 to 23.1 million at present it is estimated that population of Nepal has reached to 25 million. Nepalese social structure is still based on and guided by the age old values, norms, customs, and practices of Hindu state religion and higher caste or higher Hindu ritual status. In Hindu religious practices there is Hindu hierarchical caste structure. In the Vedic literature we find that society is classified into four Varna. Despite of mentioning Nepal as secular state in the Interim Constitution of Nepal 2007 other provisions have been kept intact. Nevertheless, Country Code of 1963 has also abolished all kinds of discrimination and untouchability. The House of Representatives on June 4, 2006 declared Nepal as untouchability and discrimination free Country. The Interim Constitution of Nepal 2007 has provided the Right against Discrimination and Untouchability as the fundamental rights. The culture of Nepal is unique combination of tradition and novelty. The culture of Nepal also includes the codes of manners, dress (Daura (labeda) suruwal), languages (the number of languages listed are 126 of which 124 are living languages), rituals (i.e rice feeding, guniu cholo etc), norms of behavior and system of belief. In Nepal folklore and folktales have remained an integral part of Nepalese society, they reveal different dimensions of social and cultural life of people, they have various regional and ethnic colors. In Nepal people celebrate various festivals such as Dashain (the longest festival), Tihar, Buddha Jayanti, Maha Shivaratri etc. Nepal Heritage Society has compiled 1262 Professor of Law, Former Dean, Faculty of Law, Tribhuvan University, Nepal Associate Professor Faculty Of Law Tribhuvan University, Nepal 26 13 14

significant architectural and archeological sites in Nepal which represent the culture of Nepal as said earlier. The economic development of Nepal rests primarily on four attributes. The first attribute is agriculture on which 85 percent people of the country depends for their livelihood. Nepal is not self- reliant in the field of agriculture and imports food grains even to feed its population. The second attribute is water resources, Nepal is considered the second richest country in the world in the field of water resources available within the country. In spite of this potential for the development of water resources owing to various reasons these water resources have been materialized. The third attribute is industry but since Nepal is a small land locked country lying between two major industrial giants China and India, the industrial sector has not prospered to the extent. The fourth attribute is mines and mineral industries which are also not in developed stage because of enormous amount of money is required for the infrastructure development. For the last few years tourism has been playing vital role in the economic development of Nepal and now it is regarded as the backbone of overall development of the country.

Constitutional provisions on socio-culture and religion in Nepal: Mono-cultural policy of the state has resulted in enormous loss of cultures of tribal/indigenous peoples and minorities. Taking this into account Article 4 (1) of the Interim Constitution of Nepal 2007 declares Nepal is an independent, indivisible, sovereign, secular, inclusive and federal, democratic republican state. 15 The Interim Constitution of Nepal 2007 makes the provision to pursue strengthening the national unity by maintaining the cultural diversity of the country by developing healthy and cordial social relations amongst various religions, cultures, tribes, communities, denominations, origins and linguistic groups, based on equality and coexistence, and through the equal development of their languages, literatures, scripts, arts, cultures by the State. 16 Cultural right has been incorporated as the fundamental rights in the Interim Constitution that every community residing in Nepal shall have the right to preserve and promote its language, script, culture, cultural civilization and heritage. 17 The Interim Constitution of Nepal 2007 has provided right relating to employment and social security. Every citizen shall have the right to employment. The

Amended by the Fourth Amendment. THE INTERIM CONSTITUTION OF NEPAL, (Article 35(3)), (2007). 17 Ibid, Article 17(3) 15 16

women, labour, aged, disabled, incapacitated and helpless citizens shall have the right to social security. Every citizen shall have the right to food sovereignty. 18 The State shall have the obligation to make an inclusive, democratic and progressive restructuring of the State, by ending the existing centralized and unitary structure of the State so as to address the problems including those of women, dalits, indigenous people, Madhei, oppressed, excluded and minority communities and backward regions, while at the same time doing away with discrimination based on class, caste, language, gender, culture, religion and region. 19 Now, Nepal is in process of making a new constitution. The provisions of Interim Constitution have committed to declare Nepal as a Federal Republic State and the implementation of the provisions of federal structure and the republic status will be decided by the first Meeting of the Constituent Assembly. Religion and Autonomy of State The Hindus constitutes 80.06% according to the census of 2001 20. Hinduism has become the dominant religion in Nepal. Buddhists, Muslims, Christians and other nature worshipers are found to be the religious minorities in Nepal. In the Vedic literature we find explanation of classification of Brahmin, Kshatriya, Vaishya and Sudra. in society. The discriminatory and inhuman practices i.e. “Sati System” (burning alive of a wife in the funeral pyre of a dead husband) and “Das Pratha’ (slavery system) were abolished in 1920 (1977 B.S) and in 1924 (1981 B.S) respectively which are taken as milestones in the Nepalese society. Nepalese laws since the ancient period until the establishment of democracy in 1951 were based on religion, local customs, usages, royal edicts. 21 Law is considered as a branch of religion. Prior to the codification of Country Code (Muluki Ain) of 1854, legal system of Nepal was very much influenced by religions. 22 In ancient period Nepal there was no differentiation between law and religion, between law and customs. Religion and customary law, royal edicts, usage were also the sources of law. 23 Legal and justice system of Kirati period can be understood from the Kirati Veda viz. ‘Kirat

Ibid, Article 18 Ibid, Article 33(d) 20 STATISTICAL POCKET BOOK NEPAL 2002, CBC HMG, Thapathali, Kathmandu, Nepal., at 6 21 BAL BAHADUR MUKHIA, COMPARATIVE JURISPRUDENCE, A& M Mukhia, Kathmandnu, Nepal, at 721, (January 2004). 22 Ibid, at 722 23 Ibid at 722 & REWATI RAMAN KHANAL, NEPAL KO KANOONI ITIHAS KO RUPREKHA (in Nepali language) , Sarswoti Khanal, at 1-3, 2002 (2059B.S). 28 18 19

Mundhum”. Mundhum was just like the Four Veda for Aryans. 24 The early 6 th century B.C has been taken as the initial period of Kirat reign in Nepal. In early Kirat society the Mundhum was the only law of the state. Many of the rules were based on social customs, traditions, culture, values and religion during the reign of Lichhavis too. Traditional concept of fairness and impartiality under the law of religion was one of the basic rules of justice system. The kings of subsequent dynasties began to promulgate laws with the advice of Dharmadhkara (the owner of justice) and pundits. 25 Laws during Malla period were Sruties, Smrities, Manab Nyaya Shastra as well as the practice of ordeal (trial) was legalized in the administration of criminal justice.

Religion in the Nepalese Laws after Unification of Nepal Nepal as a viable political entity as it exists today came into being at the third quarter of the 18th century. Before the unification Nepal was divided into several principalities and petty kingdoms. King Prithvi Narayan Shah of Gorkha laid the foundation of unified modern Nepal in 1768 (1825 B.S). Before the unification of Nepal the common features among the principalities was the recognition of law based on religion (Dharmashastra). Veda, smirities, puranas, commentaries, nibandha, usage, customs, sanadas (special Royal proclamation) were issued where Dharmashastras, customs, usages were silent to meet the situation. 26. King Prithvi Narayan assigned the responsibility of administration of justice to Dharmadhikara. King was the fountain of law and justice. At the center, he established both the trial and appellate courts. In all provincial and district level courts Pundits of Brahmin caste were appointed as one of the representatives of Dharmadhikara who were responsible of application of law of religion in all the cases. Principle of equality was ignored. Caste system was prevalent and criminals were treated in accordance with their caste status. The king and his descendants ruled the country with the help of Royal edicts, customs, conventions, moral law and local customs and religious instruments. The laws before the codification of law (Country Code) were based on Hindu religious texts and practice of settling disputes was carried on by the village chieftains, pundits and local landlords. There were many other legal charters issued in the form of Sanad, Sawal, Khadakanissana, Rukkha, Lalmohar and so on.

Ibid at 723 Ibid at 723. 26 S.P.Gujurel, ‘Nepalese Legal System: A Historical Perspective’, Jagdish C. Regmi, ‘ A Historical Survey of Nepalese Legal System’ THE NEPALESE LEGAL SYSTEM, Souvenir, University of Delhi, at 147-63, (December 29th , 1985). 29 24 25

Jung Bahadur Rana, the then premier visited England and France in the year 1849. Besides the English and French Court structure, the Code Napoleon and Civil Code of France influenced him. After his return from European countries he started to review the laws and appointed a Law Council (Ain Kausal). The Ain Kausal promulgated the Country Code (Muluki Ain) in 1854 under the red seal of king Surendra, the red seal of crown prince Trailokya and the yellow seal of ex-king Rajendra. It dealt with criminal and civil law as well as provided provisions relating to administrative law, family law, land law, regulation for the management of revenue administration, land survey etc. This Code was the first Code of modern Nepal based on Hindu Jurisprudence, had incorporated diverse castes and ethnic groups of Nepal in a holistic framework of national case hierarchy. The Country Code (Muluki Ain) of 1854 was modified and redrafted from time to time. It underwent thirteen minor and major amendments. It continued as the main source of law in the country until 1963. Provisions of Religion in the Nepalese Laws after 1951 Jung Bahadur Rana, ambitious and shrewd courtier, installed the Rana regime in 1846 and made the position of Prime Minister hereditary to Rana family and maintained the status quo in every field. Rana rulers followed the close door policy and prevented the process of modernization. During Rana regime Nepal’s foreign relations was confined to only four countries viz. India, United Kingdom, United States of America and France. Nepal lived under a highly personalized and autocratic rule of Ranas without any legal and constitutional provisions. The revolution of 1951 overthrew the Rana regime and introduced multi-party democracy in the country for the first time. Nepalese legal system has by and large replaced the traditional law making procedure and adjudication system by the western system. Nepalese constitution, laws, legislature, executive and the judiciary are organized in western fashion. But it is not organized in appropriate fashion. 27 The Country Code (Muluki Ain) was introduced in 1963 which is based on the principle of equality before the law and doing away with caste and other religious considerations. It has been serving as common criminal code, common civil code and equally applicable to Hindus, Buddhists, Muslims and others in matters such as marriage, adoption, inheritance, succession etc. Some of the provisions of this Code have been discussed in the appropriate places. After 1951 reception of law influenced in the areas of law as follows: private law, public law, criminal law, constitutional law, administrative law, contract law, commercial law, private property law. Changes

Kalyan Shrestha, ‘Judicial Activism and the Nepalese Experiments’. CONSTITU TION AL LAW, Vol 28, Nepal Law Society, at 14, (December 1996). 30 27

ESSAYS

occurred in the areas of investigation system, prosecution system, legal system, adjudication system. Country Code (Muluki Ain) of 1963 codified all the laws of Nepal-civil, criminal, religious, customary. The Code also abolished all kinds of discrimination and untouchability. Customs and validity of customary law in Nepal based on religion are incorporated in the Country Code of 1963 which are stated as follows: (1) Recognition of customary rules: This Code in the preamble Code mentions that scattered religious rules have been codified as well as numbers 8, 9,10 of Court Management chapter provide the recognition of customary rules. (2) Customary practice of marrying uncle’s daughter in Indigenous community like Gurung, Magar etc.: No.10(a) of Chapter on Incest mentions the exemption form punishment regarding marriage in such indigenous community. (3) Offering animals except cow while conducting religious rites: Chapters on Etiquete (Adal ko Mahal, and Quadrupeds of the Code. (4) Cases or Subject related to forceful entry and stay in other’s (owner’s ) house or attempting to enter, or stay in other’s house forcefully. It is partly dealt with by the Public Nuisance Act 1970 (2027 B.S.). Section 33 (m) of Local Self- Governance Act 1999 (2055 B.S) provides that VDC has the legal authority to deal with forceful entry and stay in other’s house or attempting to enter and stay in other’s house forcefully. Country Code (Naya Muluki Ain) 1963 prohibited to convert another person from one religion to another religion. Number 1 of the Chapter on Etiquete (Adal ko Mahal) stipulates that no one shall carry any activity making any adverse effect in any other’s religion and no one shall initiate and convert the religion of others. If any body attempts to convert the religion of other’s shall be punished with three years imprisonment and any body completed the conversion of religion from one religion to another shall be punished with six years stringent punishment and if such a person is foreign national shall be expelled after completion of six years imprisonment. Religion in the Constitutions of Nepal Constitution is the supreme and fundamental law of the land. By a constitution, it is normally meant a document having a special legal sanctity which sets out the framework and the principal functions of the organs of the state and declares the principles governing the operations of these organs. Constitution functions legally binding on the state and all subjects within it. Since 1948 (2004 B.S) six Constitutions have been promulgated. Religion in the Government Act of 1948 (2004 B.S): The Government of Nepal Act 1948 provided to the citizens of Nepal certain fundamental rights such as freedom of person, freedom of speech, liberty of press, freedom of assembly and discussion, freedom 31

of worship, complete equality in the eye of the law, cheap and speedy justice, universal free compulsory elementary education, universal and equal suffrage for all adults an security for private property. It did not mention any thing about right to religion of the people. Religion in the Interim Government of Nepal Act 1951 (2007 B.S): Late King Tribhuvan promulgated the Interim Government of Nepal Act 1951 leading towards a democratic system. The Act was subservient to the democratic aspirations of the people. It contained directive principles of the state policy which suited the democratic urges of the people and fundamental rights were granted and the rule of law was assured (Articles 3-20) The Act did not mention about religion. Religion in the Constitution of the Kingdom of Nepal 1959 (2015): The politics of the country took a drastic turn soon on account of King Tribhuvanâ&#x20AC;&#x2122;s sudden demise in 1955. His successor, late King Mahendra assumed for himself the pre-eminent position in the governmental structure in accordance with the theory that sovereignty lay in the institution of monarchy. For eight years from 1951-1959 Nepal managed its affairs in accordance with the provisions of the 1951 Interim Constitution and its subsequent amendments. The Constitution of the Kingdom of Nepal was prepared and enforced in the year 1959 (2015B.S) which guaranteed fundamental rights and their enjoyment (Articles 3-9). But it did not stipulate directly about the right of religion or anything regarding any religion. Religion in the Constitution of Nepal 1962 ((2019 B.S): On December 16, 1962 a new Constitution was introduced which laid the foundation of the Panchayat democracy in the country. It was said that it was a constitutional innovation, that the system was essentially Nepali in character and spirit. Some claimed that the Constitution was nationalist in background and democratic in tendency. Fundamental rights except the right to form political organizations were granted to the people. Article 3 (1) of the Constitution of Nepal 1962 declared that Nepal is independent, indivisible, sovereign monarchical Hindu kingdom. Religious freedom has been granted and conversion of religion was prohibited. Constitution of Nepal 1962 had mentioned that the words â&#x20AC;&#x153;His Majestyâ&#x20AC;? mean His Majesty the King for the time being reigning, being a descendant of the Great King Prithvi Narayan Shah and an adherent of Aryan culture and the Hindu religion (Article 20 (1)). Article 14 of the Constitution of Nepal 1962 provided fundamental rights to religion according to which every person should have the freedom to profess and practice his own religion as handed down to him from ancient times having due regard to traditional practices. Provided, however, that no person should be entitled to convert another person from one religion to another religion. The referendum in May 1980 had shown the victory of Panchayat system. Late king Birendra promulgated the third amendment to the Constitution on December 15, 1980 and it 32

lasted till 1990. Religion in the Constitution of Kingdom of Nepal 1990: Article 4 (1) of the Constitution of the Kingdom of Nepal 1990 formally recognized the Hindu kingdom which declared “Nepal is a multiethnic, multilingual, democratic, independent, indivisible, sovereign Hindu and Constitutional Monarchical Kingdom.” This provision has clearly stated that Hindu religion (Hindu Dharma) occupies the paramount position in Nepal. sConstitution of the Kingdom of Nepal 1990 in Article 27 (1) has mentioned that the words “His Majesty” mean His Majesty the King for the time being reigning, being a descendant of the Great King Prithvi Narayan Shah and an adherent of Aryan culture and the Hindu religion. With regard to this constitutional provision it may be quite possible to say that it does not give any place for secularism. Article 19(1) of the Constitution of the Kingdom of Nepal 1990 provided the freedom to profess and practice his own religion as follows: “Every person shall have the freedom to profess and practice his own religion as handed down to him from ancient times having due regard to traditional practices.” In the proviso of this Article stated “that no person shall be entitled to convert another person from one religion to another.” Article 19(3) of the Constitution of the Kingdom of Nepal 1990 declared “Every religious denomination shall have the right to maintain its independent existence and for this purpose to manage and protect its religious places and trusts.” The Constitution of the Kingdom of Nepal 1990 had made the provisions of right to equality, non discrimination and untouchable. The Supreme Court of Nepal has declared Section 10 A of the Muluki Ain Chapter on Miscellaneous is discriminatory and violate provision of Article 11 of the Constitution and thus void. Religion in the Interim Constitution of Nepal 2007 (2063 B.S): The Constitution of the Kingdom of Nepal 1990 was repealed on 15 th January, 2007 (1st Magh, 2063) and the Interim Constitution 2063 B.S) was introduced on the same day by the outgoing House of Representatives. Altogether 185 Parliamentarians had supported in favour of introduction of the Interim Constitution and the Interim Legislature too endorsed the Interim Constitution. The Interim Constitution of Nepal declares nation in Article 3 as follows: “Having common aspirations and united by a bond of allegiance to national independence, integrity, national interest and prosperity of Nepal, all the Nepalese people collectively constitute the nation having multiethnic, multilingual, multi-religious and multi-cultural characteristics”. Article 4 (1) of the Interim Constitution declares State of Nepal as follows: (1) “Nepal is an independent, indivisible, sovereign, secular, inclusive and fully democratic State.” Article 23 of the Interim Constitution provides the right to religion as fundamental rights as follows: (1) Every person shall have the right to profess, practice and protection his or her own religion as handed down to him or her from ancient time having due regard to the existing social and cultural practices. 33

Provided that no person shall be entitled to convert another person from one religion to another, and that no act or action shall be done in such a manner as to jeopardize the religion of each other. (2) Every religious denomination shall have the right to maintain its independent existence and to operate and protect its religious sites and religious trusts in accordance with law. Some religious practices such as chaupadi, kumari pratha, jhuma, deuki were prevalent in Nepal despite non-inclusion in the existing laws. Religious Education in Nepal As regards education in Nepal, it may be mentioned that education is integral and inescapable part of sustainable development. It is evident that the enrolments of boys and girls have increased significantly at all levels of school education. Nepal has made strides in school enrolment with the current level of net enrolment ratio has reached 91.8 percent at the primary level (DOE, 2009). At present the total number schools and higher secondary institution reached to 31,156 and 1,976 respectively, likewise there are six universities in the country and some other universities are also in pipeline to establish. The history of Nepal's development of modern education is fairly short, though educational institutions supported by Buddhism and Hinduism existed in Nepal hundred of years before the Christian era. Education supported by major religious flourished in early Nepal and the same system continued in the medieval period of Nepalese history. Lichhavi and Malla kings supported development of education in a limited way. The public education as it is understood today did not exist. Educating the children and the youths was a private family affairs. With the unification of Nepal King Prithvi Narayan Shah made the provision to educate the children of those soldiers who died that was the beginning of formal education in Nepal supported by government of Nepal. Rana rulers adopted the policy of opposing the development of education to maintain their family rule and education suffered a severe setback. Educational development in the country was restricted so that a very few schools came into existence until the end of the Rana regime. Democratization of education started after 1951 in the country. 28 Existing structure of education in Nepal: At present there is provision of pre-primary education such nursery, kindergarten, upper kindergarten, Primary level education comprises class one to five Lower secondary education comprises class seven to eight, Secondary education comprises nine and ten. There are provisions of general secondary education, Sanskrit secondary education, special education for blind, handicapped, lame, deaf, mentally retarded children, distant BAL BAHADUR MUKHIA, EDUCATION AL ADMINISTRATION IN NEPAL, A& M Mukhia, Kathmandu, at 27-30, (2003) 34 28

education, non-formal education in Nepal. At present there is the provision of general secondary education and Sannkrit secondary education, special education for blind, handicapped, deal, lame, mentally retarded children. Each community shall have the right to operate schools up to the primary level in its own mother tongue .According to the existing laws the types of schools are as follows: community schools, trust schools, special schools, corporate schools. School system at a glance can be seen as follows: public schools are those schools which receive regular government grant for teachers' salary and for other purposes. Community schools do not receive a regular government grant. Corporate or Private schools are run privately funded and supported by a school's own resources. Trust/Guthi Schools are run by the trust/guthi, community supports and donations are collected to the schools. Strength of Special education programs are to the meet the needs of disabled students. Non-formal education is on a national campaign basis with the active participation of national and international NGOs, community organizations to provide educational opportunities to adults, out of school children of 814 years of age, out of school program, school outreach program. Education Act and Rules make the provisions of these aforesaid types of education in Nepal. Higher secondary education is consisted of eleven and twelve. Higher education after 10+2 is imparted on various streams science, humanities and social sciences including political science, history, geography, arts, culture, religion, sociology, anthropology, language, tourism, etc. management, law, education, forestry, medicine, engineering, agriculture and animal science. Mahendra Sanskrit University, Tribhuvan University, Kathmandu University, Purbanchal University, Pokhara University, Deemed University (B.P.Koirala Institute of Medical Sciences at Dharan are imparting higher education in Nepal.

Jacek Tendej CM, Religious Education in Poland 29 At the beginning of the 21 st century, Poland is perceived as one of the most religious countries in contemporary Europe. According to research made by the Polish Center of the Social Opinion Investigation (CBOS), 95 % of Polish people declare themselves to be believers or strong believers, 54 % participate in religious practices once or a few times per week, and 69 % pray every day or at least once a week 30. These results are surprising, having in mind the strong ideological current of the secularization present in media and in official liberal politics. The roots of this strong religious vibrancy can be found in our Polish history. Poland could rightly be called a mono-religious country. The Roman Catholic Church is the largest religious organization in Poland, and also holds a special position. It continues to play an important role in the country’s social and political life. The Church had a very strong and respected position, which has been used, particularly in the early 1990’s, to impose Christian values and norms on the entire society as well as to intervene in the political and public affairs of the newly constructed democratic state. We can find the explanation and clarification for this status in Polish history. The Roman Catholic Church was a point of reference during the time of partition in the nineteenth century, during the1939-45 occupation, and also during the socialist period ending in 1989. At that time the Church united Poles and contributed to the building and sustaining of national identity in spite of the imposition of national slavery. Today the legal status of the religious education in Poland is based on the following: • the constitutional agreement between church and state “on the principle of respect for their autonomy and the mutual independence of each in its own sphere, as well as on the principle of cooperation for the individual and the common good,” • the international concordance between the Polish state and the Holy See, • the law on Guaranteeing Freedom of Conscience and Belief, which regulates in more detail the relations between state and religious organizations, and • the Education System Act of 1991.

Prepared on the base of the article: Katarzyna Zielińska and Marcin Zwierżdżyński, Religious Education in Poland [w:] Derek Davis, Elena Miroshnikova (red.), The Routledge International Handbook of Religious Education, London 2012: Routledge, s. 264-271, and my personal experience as the headmaster and religious education teacher of the Catholic school, and the academic teacher of the science of education in the Theological Institute in Krakow. 30 However… Among young people aged 18-24, who declare participation in religious practices at least once a week, 75 % accept premarital sex, more than 50 % do not perceive divorce as something that is wrong, and 20 % accept abortion. 36 29

According to the constitution, parents have the right to direct the religious and moral upbringing and teaching of their children in accordance with their convictions. All religious organizations officially recognized by the state have the right to organize religious education in schools. Participation in the school religious education is optional. The student can choose religious education or secular ethics (in reality this second possibility is very marginal in Poland). Religion is taught as a subject two hours a week in the elementary, middle and high schools. Students have a right to an annual three-day Easter retreat, to put a cross in the classroom and to pray before and after classes. The percentages of the participation in the Roman Catholic Church’s religious education program are high: • 94,7 % in kindergartens, • 98,0 % in primary schools, • 97,1 % in lower high schools, • 92,6 % in technical high schools, • 93,3 % in general high schools. Religious teachers have rights and obligations similar to those of teachers of other subjects. They are often called catechists and are composed of priests, religious brothers and sisters, laymen, and laywomen. They receive pedagogical and theological preparation according to the exigencies of the law and also are given special permission by a superior of the church. In the Catholic Church the permission is called the missio canonica, and is issued by the diocesan bishop. The religious education is financed – as are other subjects – from public founds covered by the state budget. Apart from the schools run by the state, there are also special schools run by associations, foundations, parishes closely connected to the Catholic Church. Actually, in Poland there are 560 Catholic schools united in the Catholic School Council. The council organizes several meetings and conferences for teachers, students, and headmasters and gives professional support helpful in different difficulties (administrative, legislative, economic). These Catholic schools have very good academic ratings and rank high in public opinion. Catholic families who want a well-integrated education for their children appreciate them. Furthermore, Catholic schools are known and valued in public because of their high level of teaching of different subjects, their excellent results on the external exams (bachelor – matura), their very balanced human, personal and religious education and personal formation, and their individual treatment of the students and their parents, who highly esteem the healthy discipline and safety. This education is principally inspired by the message of the Holy Gospel of Jesus Christ.

In these kind of schools, the religious education is not restricted to the two lessons per week; instead, there are different extracurricular pastoral activities like the celebration of Mass, prayer and devotional activities for groups, meditations on the Holy Bible, altar servers formation, liturgical music groups and choirs, pilgrimages, and volunteer activities of mercy for needy people, etc. Other positive and attractive attributes of these schools are the international youth exchange programs (for 1 week, 3 mounts and 1 year). During this time students learn in practice, not only the foreign languages, but also many different skills of everyday life. Through this they become more mature and creative. They can experience the practices of other confessions or religions by living with a host family. Usually, in the Catholic schools, the religious education takes place in more of the sacral places than in the classroom. In conclusion, it is generally possible to observe that teaching religion in Polish schools is treated as a form of catechizing and evangelizing aimed at a group of pupils and at the whole school community. Commonly, this is the main reason that the status of the religious education at schools is under continual public discussion. The most controversial issue is the fact that religion classes are conducted within the public space of the school.

Jorge Bacelar Gouveia 31, Religious Education in Portugal 32

I LAW, STATE AND RELIGION IN PORTUGAL 1.

The Portuguese Constitution

I. The republican principle embodied in Portuguese Constitutional Law corresponds to the application of the model of cooperative separation between political power and religious phenomenon. This is a matter that is equally relevant from the standpoint of the Constitution of Portuguese Republic (CRP), which does not refrain from setting out various rules and principles in that respect: – at the level of the safeguarding of fundamental rights, it asserts the freedom of religion and conscience with several tiers of protection (Article 41 of the CRP); and – at the level of the political organization, this issue has been elevated to the rank of material limit of Constitutional reform (Article 288(c) of the CRP). The ordinary legislation, on the other hand, has complemented the guidance drawn up by the Constitution with the Religious Freedom Act (LLR), as well as a large amount of complementary legislation generically applicable to all religions; furthermore, a new concordat between Portugal and the Holy See was signed on 18 May 2004. II. In what concerns the fundamental rights, the core precept consists in the positivation of the freedom of conscience and religion; in its first paragraph it stipulates ‘Freedom of conscience, religion and worship is inviolable’ (Article 41(1) of the CRP). This fundamental right irradiates from there to other specific spheres where the importance of religious activity is equally felt: – on an individual basis through the free activity of people in the manifestation of their religious faith, either in private or in public, in worship or any other pertinent manifestation; and – on an institutional basis through the free establishment of religious associations and their liberty of organization and activity that may benefit from the protection of the State and the legal order.

Agregate and Phd Full Professor, New University of Lisbon, Law Faculty, and Universidade Autónoma de Lisboa. E-mail: jbg@fd.unl.pt. Website: www.jorgebacelargouveia.com. 32 Written version of conference made in Ljubljana, 5 of December, 2012, at Saint Stanislav's Institution. 39 31

III. The organization of political power, for its part, is in accordance with the notion of separation between political power and religious phenomenon. Identification between or, even worse, fusion of these two spheres of collective life is impossible. In various fields where it operates, the State is expected to be guided by religious neutrality: – in the media: ‘Freedom is guaranteed to each denomination to teach its religion and to use its own media to carry out pertinent activities’ (Article 41(5) of the CRP); – in public education and culture: ‘The State shall not plan education and cultural development in accordance with any philosophical, aesthetic, political, ideological or religious precepts’ (Article 43(2) of the CRP); and – in public education: ‘Public education shall be non-denominational’ (Article 43(3) of the CRP). And to confirm the foregoing, in addition to the principle of non-interference of religion with the organization of political powers, it is expressly stipulated with respect to the material limits of Constitutional reform ‘The laws revising this Constitution shall respect: …The separation of Churches and State’ (Article 288(c) of the CRP). 2. Religious Freedom Act I. A reading of the LLR confirms entirely everything we have said since it rests on two structuring principles of the model of cooperative separation between State, Law and Religion: – on one hand, the principle of separation. Article 3 asserts that ‘The Churches and other religious communities are separated from the State and free in their organization and exercise of their functions and worship’; and – on the other, the principle of cooperation, under which, as may be inferred from Article 5 of the mentioned law, ‘The Portuguese State shall collaborate with the Churches and the religious communities based in Portugal having regard to their degree of representativity and in view namely of promoting human rights, enhancing the integral development of each individual person and fostering the values of peace, liberty, solidarity and tolerance’. II. The LLR consists of sixty-nine articles organized in the following eight chapters: – Chapter I – Principles. – Chapter II – Individual Rights of Religious Freedom. – Chapter III – Collective Rights of Religious Freedom. – Chapter IV – Status of the Churches and Religious Communities. – Chapter V – Agreements between Religious Bodies Corporate and the State. – Chapter VI – Commission for Religious Freedom. – Chapter VII – The Catholic Church. – Chapter VIII – Complementary and Transitional Provisions. 40

III. There are many relevant innovations to be underlined in this LLR that deserve high praise: – the innovation in the employment status of workers who profess a religion, whereby the respective days of rest and worship are upheld; – the acknowledgement of the civil effects, in general terms, of religious marriage; – the institutionalized and organized acceptance of religious assistance attesting to a public interest in this matter on the part of the State; and the protection of the religious cultural goods and the town-planning concerns – over the location of Church goods. II CONSTITUTIONAL AND LEGAL STATUS OF RELIGIOUS EDUCATION IN PORTUGAL 3. Constitutional provisions and principles about Religious Education I. The Portuguese Constitution is one of few constitutional documents that underlines the importance of education within the relationship between State and Religion. It is expressly recognized in Article 43 of the CRP, about education, that in Portugal we have four main principles: Firstly, the principle of neutrality in education and culture: “The State shall not plan education and cultural development in accordance with any philosophical, aesthetic, political, ideological or religious precepts” (Article 43 (2) of the CRP); Secondly, the principle of non-confessional public education: “Public education shall be non-denominational” (Article 43 (3) of the CRP); Thirdly, the principle of freedom in private schools: “The right to create private and cooperative schools shall be guaranteed” (Article 43 (4) of the CRP); Fourthly, the principle of religious freedom in teaching religious issues inside private schools belonging to each religion: “Freedom to teach any religion within the denomination in question and to use appropriate media for the pursuit of its activities shall be guaranteed” (Article 41 (5) of CRP). 4. Catholic Concordat rules about religious education I. Portugal has adopted an international treaty with Holly See, named “Concordat”, where many subjects were agreed. One of those subjects is precisely the catholic education either in public or in private schools. 41

II. Article 19 of the Concordat defines the conditions of the catholic education in public schools: the guarantee of having in all public schools (with the exception of the university level) catholic religion and moral education (Article 19, nº 1); the need of a explicit declaration from parents or students saying that there is the will of having that subject (Article 19, nº 2); the right of Catholic authorities of freely choosing the teachers of catholic religion and moral education, payed as civil servants (Article 19, nº 3 and 4); the right of Catholic authorities of selecting the all the issues of the program of catholic religion and moral subject (Article 19, nº 5). III. Concordat also has an article – Article 21 – about the right of Catholic Church in having private schools in all educational levels, including the recognition of Catholic University of Portugal. 5. Religious Freedom Act and religious education I. We can also consider the existence of some important legal principles and provisions about religious education in Religious Freedom Act, Law nº 16/2001, of 22th of June. This is a very a structural legal documental about the relationship between State and Religious communities, revoking the old Law nº 4/71 and, mostly, dealing with all religions in an equal basis and treatment. II. In terms of religious education, article 24 of this Law states the permission of all religious communities recognized to teach in public schools their own religious principles and doctrine. There we can see two legal rights: The individual right of pupils and their parents believers in having religious education in public schools; The collective right of religious communities in organizing their programs of religious education in public schools, including the choice of subjects and teachers. 6. Religious education in public schools I. Specific ordinary legislation includes religious education in public schools, in all levels, unless the university level. The first legal document was the Decree-Law nº 407/89, of 16th of November, allowing only catholic education in private schools. II. Constitutional Court had the opportunity to evaluate this law and decided two principles in this field in the decision nº 423/87: 42

Teaching religious education in public schools does not violate the principle or religious neutrality of the State; but Teaching religious education in public schools never can be mandatory, only if the pupils or his parents explicitly declare the will of having that subject. III. More recently, the Portuguese State also allows religious education of other religions, and there is no more the monopoly of catholic education in public schools. Now, we can consider the general provision of article 24º of Religious Freedom Act, allowing all the radicated religious communities in teaching religious education in public schools. But before, we had the Decree-Law nº 329/98, of 2n d of November, giving the chance of other religious communities teaching religious education as well catholic institutions.

Bibliography - GOMES CANOTILHO, Direito Constitucional e Teoria da Constituição, 7th ed., Coimbra, 2003, pp. 393 and ff. - JORGE BACELAR GOUVEIA, Manual de Direito Constitucional, II, 3ª ed., Almedina, Coimbra, 2009, pp. 1005 and ff.; Constitutional Law in Portugal, 2nd ed., Wolters Kluwer, New York, 2011, pp 136 and ff. - JORGE MIRANDA, Manual de Direito Constitucional, IV, 3rd ed.., Coimbra Editora/Wolters, Coimbra, 2000, pp. 7 and ff.. - JOSÉ CARLOS VIEIRA DE ANDRADE, Os direitos fundamentais na Constituição Portuguesa de 1976, 3rd ed., Almedina, Coimbra, 2001

Elena Miroshnikova, The Challenges to Religious Education : the Russian case The main distinctive point of the bride discussions on religious education is first of all in the public status of religion. A state is a particular cultural and political organism, which to some extent is defined by religious traditions. In the history of Russia it is first of all the Orthodox religion. Thus when the state is ensuring its culture as a national phenomenon, it supports this main religion and its organizations. And this process is quite natural, but it is important to grant the support in the frameworks of the current legislation. If there are serious conflicts , it is necessary to amend the current legislation or suggest new laws. The development of spirituality in a person will hardly have positive consequences if the law is violated. Thus one should live according to the law and conscience. To my mind, the policy oriented not so much at the religious freedom provision, but at the freedom of conscience, will greatly favor the salvation of the Russian state-church relations problems. The notion of freedom of conscience is wider than religious freedom, while it protects non-religious beliefs as well as the religious ones. It has to be noted that the terminology in the comprehensive provisions of the international documents show not only the diversity of the term “freedom of conscience”, but several ways for its understanding : “freedom of thoughts, conscience and religion” ; “freedom of religion or/and belief.” The absence of a single meaning is a fact and it shows that the idea of freedom of conscience is starting to obtain some universal meaning –a s a right of the freedom to one’s weltanschauung’s choice, thus moving away from the narrow moral-psychological content. The main thing is to move toward a commitment to a broad array of human rights.To my mind, this expands freedom of conscience and will help to solve the problems of religious discrimination and intolerance more effective because the battle only for religious freedom is leading toward increased clericalization. The freedom of conscience represents a form of existence for a worldview neutral state, which is both alien to hostility towards faith and church and to the identification with particular confession. Moreover, as a Russian philosopher I. Iljin correctly said, ‘The fight for the freedom of conscious can give the public the sense of justice, the spiritual basis which later will leave its mark of real nobility to all its political history’. (1) It is important that in modern time the role of freedom of conscience is noting in official documents of ROC: “ The principle of freedom of conscience does not present an obstacle for partnership relations between the Church and the state in social, educational or any other socially significant activities” (The Basics of the Conception of ROC on the Human Dignity, Freedom and Human Rights. - IV.3. Freedom of conscience). In the framework of the modern discussion of ‘secular fundamentalism’ I share the point of view of those who call for going from secularism to secularity, from the religious freedom 44

to the freedom of religion and beliefs, and, finally, to the freedom of conscience. As far as the state-church relations are concerned, they mostly fit the cooperation model: the acceptance of socially important role of religion and church, but with the absence of an established church, based on state worldview neutrality, parity and tolerance. The “arrow of secularization” (O.Spengler), having made a ‘bend’, has returned to the acceptance of religion public importance, but in the form of civil religion. Taking the Hegel’s dialectical principle ‘thesis-antithesis-synthesis’ as a basis we consider religion as thesis (an established church), secularization as antithesis (the separation model), and civil religion as synthesis (the cooperation model). I can express it in the following way: ‘religion-secularization-civil religion’. The civil religion is the expression of friendly state-church relations, ‘a golden mean’ between separation and identification, between the acceptance of religion to be a private matter and its institutional forms. The civil religion is worth a separate discussion. Within the topic indicated, it is worth to note the main points characterizing civil religion as a modern form of religion public status and the expression of state worldview neutrality being one of the main principles of the cooperation model, and favoring the strengthening of cooperation between state and religious organizations. To my mind, the formation of civil religion is very important for Russia. The Russian religious tradition, expressed in the model of an established church, was broken during the Soviet period. The principle of church separation from state took the form of militant atheism, which had very negative consequences not only for the religious organizations public role, but also for religion in general. In fact, the policy of religion separation from the real life was carried out, but not the church separation from state one. Now civil religion can become an innovative idea able to change the nation and improve the socially important role of religion in the country. Here I would like to stress that the phenomenon of the ‘civil religion’ is not purely ‘an American product’, but is present in any society as a social reality, as a unity of religious feelings, ideas, symbols, which state apply during its goals achievement. It reveals itself in different forms and contexts. But at any rate civil religion represents the way to adjust religion to the secular world and prevents the nation from diving into the ‘secular fundamentalism’. Here I suggest interpreting the civil religion as a civil agreement about religious values, which points out the necessity of social partnership for the benefit of the whole society. Russia must find the way to religion and democracy – the two powers mutually supporting each other. Civil religion can be of help here, orientating at the freedom of conscious in poly-confessional society and rejecting religious nationalism for the sake of patriotism. The acceptance of a particular role of religion in the society is deeply rooted in the Russian culture, which is saturated with the ideas of God-seeking and humanism, the dramatic seek for the truth and the answer to the eternal question on the meaning of life and the meaning of its spiritual aspect. The Russian religious philosophy, literature, arts, 45

music, which absorbed all these contradicting aspirations, represent an absolutely particular period of the development of the world culture in general and the Russian one in particular. The best illustration of the contradictory attitude of man and religion, of religion and state in the Russian culture seems to be the personal and creative life of the great Leo Tolstoy. I would call him a ‘mirror of Russian religiouseness’ because of his critical view of dogmatic religious studies together with the search of the God’s Truth, full of hope and faith. The further development of the religious education has been analized in The Toledo Guiding Principles on Teaching about Religions and Beliefs in public schools (2007).OThe Toledo Guiding Principles were written in response to requests from the UN and other inter-governmental bodies to facilitate teaching about religions and beliefs in order to promote tolerance and understanding. They highlight procedures and practices concerning the training of those who implement such curricula, and the treatment of the pupils from many different faith backgrounds who may be the recipients of such teaching. Rather, they aim to offer tools to implement them, translating these principles into concrete applications and offering examples of good practices. The main Question is: to teach on Religion or about Religion? I suggest considering the situation in the framework of the experience realization and the cooperation problems in public educational sphere, but not dwelling upon professional religious education, because it is first of all the matter of religious organizations, the interior church matter. And the problem of religious education at state schools demands studying and search for the most efficient legitimate ways of solving it. Being an integral part of the general educational process, religious education, nevertheless, has some particularities. It is not just about the transference of knowledge acquired by the man to children, but of their choice of religious and moral education. But practically a child interests are realized not by the child himself (which is explained from the point of view if his age and social immaturity), but by other people, his parents (or the people substituting them), state, schools managers, religious organizations. As the result, each of the people and the organizations mentioned above consider themselves to be the most important, sometimes forgetting about the child. That is why we would like to pay our attention once more to the situation in the international legislation and acts, which cite parents’ role and the family to be of prior importance in the religious education issues. (2) The international experience of the state-church relations is represented in the form of the two main models of religious education – confessional and non-confessional (3). the confessional model (in Germany, for example) is based on the organization of religious instruction for pupils of particular religion. The main stress is attributed to the knowledge about some particular religious tradition. The main responsibility for the curriculum, textbooks and teachers is born by some religious organization. At the same time schoolchildren and their parents have the right to be free from religious lessons or to 46

choose an alternative subject, for example, ethic or philosophy. Non-confessional model (in England, for example) suggest the transference of knowledge to the schoolchildren about different religions, including the study of non-religious points of view, in order to help them work out their own worldview. Recently the tendency of strengthening of the ecumenical and pluralistic approach has been gaining momentum, namely, the tendency of going over to the non-confessional model. The situation with religious education in Norway is especially demonstrative. The decision of ECHR (â&#x20AC;&#x153;Folgero and others v. Norwayâ&#x20AC;?) 2007 is very important in this context. The example is a substantial proof of the fact that in the modern polycultural society the prevalence of some particular religion and cultural traditions can cause serious collisions. There are serious problems in realization of religious education in poly-confessional society. The main Question is: what to teach? On religion or about religions? What are the criteria for the choice of religions? How to get the respect of different religious traditions by the education of the moral citizen? What model of religious education in public school is more effective and perspective today? Besides, a very important role in the realization of religious instruction is played by the organizational aspect, namely, the solution of the following problems: 1. The status of the religious instruction . Here we mean if religious education is compulsory, non-compulsory or alternative. That means, it is necessary to treat the issues of the schoolchildren number in a group, the place in the timetable, the criteria of the knowledge evaluation, the form of teaching (teaching of the whole class or of some part of it), teachers training, the forms of religious lessons abolition, etc. 2. The determination of the main person responsible for religious education. It is a very important point at the realization of religious education. Here it is defined, who is responsible for the religious education: school, religious organization or both; who is responsible for the textbooks, teachers training, apartment lease, etc. 3. The place for teaching of religious instruction. In the majority of the European countries religious education is taught at schools. The Russian issues of religious education revealed the most difficult aspects of the relations of the state and religious organizations. Russia, as no other country, during its most enormous history has tried the basic models of state-church relations: identification (an established church) and separation, in its various expressions: with the extensive policy of militant atheism, and from the beginning of the 90-s of the XX century with the constitutional points of ideological diversity, freedom of conscious and religion, the equality of religious organizations before law. A very short period of religious pluralism after the revolution of 1917 practically gives no reasons to say that we have the cooperation model experience. The situation in modern Russia is also complicated, and the Russian position is quite clear and natural, willing to prevent its culture, where the Russian Orthodox Church is the leading confession. Freedom turned out to be a heavy burden for us. Against the background of the acute tolerance shortage, the desire to live according to one and the 47

only one idea becomes more widespread. And the example of the law enforcement practice of the current Russian education is a vivid example of serious problems of the Russian state-church relations. Now religious organization, first of all the main religions, are looking for the ways of the most efficient and optimal expression of their public role in the conditions new to them. That is why serious ‘problems of growth’. But at the same time there are some facts, causing deep concern. For example, the activities of chaplains in the Russian army, the realizations of mission in prisons and hospitals. The last example: the suggestion to the draft of the law on Education in RF to organize the rooms for prayer in the public schools (October 2012). According to a sociological poll data by Levada-Center in 1989 2/3 of russian population called themselves as nonbelievers, and 30 % -Orthodox . After 20 years the pyramid has turned upside down, and the following answers were received to the question ‘Are you a believer and if yes : Orthodox- about 70 %, non-believers-about 20%. ) Thereby there are 88-90% those, who ve got the baptizing. The main problem is the Quality of the phenomenon. Between the Orthodox people there are only 40 % of those, who believe in God, 55% don’t take part on liturgy. And it is a rapid growth of Islam. (4) There is another serious problem in the mutual influence of modern ethnical and religious matters, which is by the way the corn of the recent policy in order to keep the prosperity of the society. It is remarkable, that there are 182 ethnoces in current Russia, and 52 from them called yourself as Islamic The social activity of religious organizations should be welcomed and favored in every way possible. The state should more efficiently favor the fulfillment of such strategy, showing decent understanding towards the necessity of coordination and cooperation. With all due respect for the public religious organizations activity, it is necessary to introduce a state, federal body strictly orientated at the issues of state-church relations. Otherwise legal collisions will become more frequent, caused by difficulties in religious beliefs expression and the public role of religious organizations expression. In the Russian discussion on the compulsory religious instruction at state schools and the theology at public universities all the branches of power are involved, as well as the society, and of course, religious organizations. It seems, here there should not be any arguments as far as along with the constitutional principles of the freedom of conscience (Article 28), secularity, equality of religious organizations and citizens regardless their attitude to religion (Article 14), the Russian legislation acknowledges the right for free will religious education (in the federal laws ‘On education’ and ‘On the freedom of conscience and religious associations’ In the end religious education undoubtedly favors the role of religion in the society, increasing of its public status. The youths have always been and will be paid great attention by religious organizations, while their orientation to some extend determines the future of the society in general and some particular religious organization. But the realization of right for religious education should be legal, 48

otherwise human right for freedom and the state authority and respect towards particular religion can be damaged. I have pointed many times out the practical importance of the cooperation model experience for Russia being a condition of the optimization of Russian state policy for freedom of conscience: this model allows the full realization of the separation of church from state and to keep the national traditions according the role of religion and church in the Russian society during many centuries . The neutrality principle as one of the main principle of the cooperation model, as well as parity and tolerance, means that the right to decide which religion is truthful and which is not, is not in the state competence; it is not the state’s business. The state task is to provide human rights, including all citizens’ right for the freedom of conscience, believers and non-believers. The state worldview neutrality in the pluralistic society doesn’t mean the absence of ideology. On the contrary, it is the expression of ideology, based on the care for civil peace and state power, on cultural traditions protection, on citizens’ respect, who in answer to the decent attitude favor its strengthening and wellbeing. At the same time the political aspect of neutrality consist in the necessary limitations of public organizations acceptance, including the religious ones, if they threaten public peace and state sovereignty, national security. The most important is not to let a sincere desire to keep cultural heritage to be transformed into nationalistic calls and activities. That is why the state worldview neutrality can be regarded as a goal and tried to achieve it taking into account the national peculiarities, which condition different degree of cooperation between state and church. The problem became especially acute after the introduction in 2006 in some regions of a school compulsory instruction ‘Basics of the Orthodox culture’ in the framework of regional component of the state educational standards. The state standards of education have been changed, and this regional course has been taken away from the state curriculum. That is way according to the official order of the president of RF in 2010 21 regions of RF have started the approbation course- a program to allow students attending public schools and their parents to select mandatory instruction from any of the following emphases: 1. The basics of Orthodox culture. 2. The basics of Islamic culture. 3. The basics of Buddhist culture. 4. The basics of Jewish culture. 5. The basics of world religious cultures. 49

6. The basics of secular ethics. Аfter 2 years of this approbation the result was following: Basics Basics Basics Basics

of of of of

Orthodox Culture Islam Culture World religions Culture secular Ethics

Russia 31,7% 4% 21,2% 42,7%

Moscow 23,43 1,02 27,7 47,4

SPetersburg 9,46 0,07 37,7 52,6

http://echo.msk.ru/blog/aav/930092-echo/ http://минобрнауки.рф/пресс-центр/2590

More, then 60 % of parents have chosen the secular ethics and instruction on world religions (the non confessional model).To my mind, it will be logically to realize the nonconfessional model, to put in the curriculum these instructions for the whole class of students without any division of groups according the faith. Unfortunately, many citizens in Russia exhibit little tolerance and respect for those who are outside the Orthodox tradition and have differing beliefs. That is why this approbation (Modelleversuch) in religious education was and is by the way a much debated topic across Russia. In fact , in 2012 this approbation course has became a mandatory one as a mix from confessional and nonconfessional models ( “two in one”) for the students of the forth level (10-11 years old) . The most favorite course between 6 parts is the secular ethics again. As a matter of fact, we face a vivid example of state and religious organizations partnership, similar to the German practice of cooperation model, particularly to the confessional model of religious lesson. The international experience says clearly , that the mandatory character of the religious instruction in public schools is not the basic reason to achieve the goals of religious education. No doubts, here , in my country, we should take into consideration the international experience correctly and according to the national particularities of Russia. Unfortunately, it is wide-spread the practice to take off (to pull out) some aspects from the whole body of the phenomenon, the part of the context, non-correct calling on international experience in front of absence of the clear policy on the religious education, and, what is more important, of the absence of the legal basics for the new reforms in the moral education matters. (5) 50

The necessity of religious education is beyond any doubt. The question is, what should be included into religious education and in what form it can be and should be delivered. In other words, which model can be realized in the framework of the current Russian legislation? First of all it should be a precise and considered system of activities, including the working out of a general approach to the religious education concept in the polyconfessional Russia, taking into account the federal legislation of so-called regional component, which is defined as the main responsible party for the realization of religious education right. Of course, the possibility and necessity of teaching of religious studies and theology in confessional educational institutions is beyond any doubt. According to the current Russian legislation, the teaching of religious instruction is legal and necessary at state schools and universities (theology can be taught at state universities as a part of religious education). The experience of the Orthodox-Christian Institute of Saint Filaret is worth paying attention to; there in 2005 was opened a new department for additional professional education on Religious studies. Wide religious studies will favor the practical implementation of the neutrality, parity and tolerance principles. Especially relevant here will be the compulsory course ‘The history of world religions’ (about religions, but not on religions). In Saint Tichon University there is a program of the scientific sociological research of the moral basics in weltanschauung of the students in both: secular and theological institutions . It is especially necessary to pay attention to the role of religion when teaching cultural subjects. The religious education should be the priority of parents and religious organizations where they belong-that is my basic view of the problem. In other words, religious education should be both legal and legitimate. The basis for that should be not so far the right for religious freedom, but for the freedom of conscience. To my mind, it is a real danger for peace in the society, because of segregation of pupils on confessional reason. Having declared its secular character, Russia should take care of all its citizens’ rights and freedoms, regardless their nationality, sex or religion. In order to provide compulsory religious education at state schools, or the organization of the confessional model of school education, it is not enough legal grounds in the current Russian legislation. But Russia, taking into account its personal historical experience, which had Scripture lessons during the tsarist times and the militant atheism during the Soviet times, can suggest a good model of religious education, able to become an example for other countries, having serious problems in the area. The immediate transference of some particular religious knowledge can be performed in the form of a non-compulsory optional subject according to the child’s will and with the assent of his parents. In order to organize these optional instructions at state school it is important to work out the necessary acts aimed at more efficient activities in the sphere of religious education. It is important to define the one responsible for the religious 51

instruction, its place and the opportunity to choose another instruction for those wiling to do it. From 2008 the confessional educational organizations obtained the right to be accredited and to give state diplomas. Grade transfers are also possible among private and state institutions. Although the 1997 Law “On Freedom of Conscience and religious Associations” does allow religious groups to worship together without registering and without formal legal status, the law is unclear as to exactly what type of religious activity could be conducted without a license. After several “nontraditional” denominations were dissolved or received threats of liquidation from local authorities for holding religious classes without a license, some clarity was given when the Russian Supreme Court ruled in 2008 that a license is needed only when it is “accompanied by confirmation that the student has attained levels of education prescribed by the state.” The decision of Supreme Court of RF on Smolensk Sunday School acknowledged the constitutional right for this activity for religious associations. As a feedback to the globalization, the state is trying to use traditional religions to protect its cultural identity, thus limiting the rights of other confessions. In this situation religion acquires new forms of its social expression, as if becoming the symbol of national and cultural identity. It is not so important which model is established. The most important is the state’s real activity. The legal regulation of the cooperation between state and religious organizations should become the milestone of the Russian state policy concerning the freedom of conscience. In this connection ‘The basics of the Russian Orthodox Church Social Conception’ are of great importance to all the society. This document enumerates particular spheres of cooperation, including the morality preserving care, spiritual, cultural, moral and patriotic education and upbringing, caritative and goodness activities, development of joint social programs, protection, reconstruction and development of historical and cultural heritage, etc. The achievement of churches special confessional goals suggests public activity. But this should not mean that religious organizations should be granted some special state-church legal norms. The granting of the public law subjects status drags us back, to the Enlightment period representatives concept of them being unions inside the state. The classification of religions into recognized-nonrecognized ones has a particular discriminating element, while it suggests the state preferences to particular religions, yet the receipt of funds to the state budget is provided by all the taxpayers, including those not belonging to the privileged ones, or even do not consider themselves as belonging to some particular confession. That is why the state should not follow the experience of religions classification and find another one serious problem. While serious attention should be attributed to the working out of legitimate agreements between state and religious organizations. The application practice of the acts regulating relations in the sphere of the freedom of conscience, revealed one of the main problems of state-church relations, namely, the necessity to improve the public status of religion in a democratic society, and the search for the optimal balance of personal rights and citizen rights in the 52

framework of the freedom of conscience. And I do not speak about the quantitative, but rather qualitative character of the improvement. It is necessary to strictly define the role of religion and its institutional organizations in the society. The practical importance of this experience depends upon the two its main aspects: the principles of correlation of the international and national legal norms and acts and the well-established practice of addressing (in case of the legal gap) to the general principles of the natural right, namely to the principle of the fundamental human rights and freedoms following. The world experience indicates different ways of expressing the separation of church from state. It is obvious that our separation is ‘limping’. The religious education on this point of view is a sort of challenge to freedom of conscience. If there is any difference in the cooperation implementation in Russia and in European countries? There is. It consists in the fact that the European countries try to perform the cooperation model on the principle of neutrality, go to the left, if we mean the democratic vector, towards the secularity, and Russia goes to the right, thus, the cooperation is performed but with some confessional deviation. Churching of the state and governing of church as a tendency cause sound anxiety, that the ‘pendulum’ will swing into the other direction instead of choosing the ‘golden mean’ and favoring the strengthening of religious pluralism, the cooperation of state and religious organization in the framework of the law general to everybody and everybody’s right for the freedom of conscious. The attempts of the modern political regime harmoniously accommodate a status of religion and its organizations into a structure of secular society and public belief are shaping by time and tradition. Religious neutrality of the State in the Russian context is not an easy fit due to national traditions, the main tradition being the dominance of the Russian Orthodox Church. Religious liberty could be stronger if the Russian state will care about freedom of conscience, to be protected by principles of neutrality and statechurch separation. The task of the state is to ensure the rights of all people, religious and nonreligious alike. The history and culture of Russia are saturated with the ideas of religion public importance and the idea of state and church cooperation. The question is, to what extent and in the name of what the cooperation is realized. Here the constitutional and legal regulation of state-church relations acquires great importance, namely, the legitimacy and legal character of the cooperation. The very respect to the Law, to the right on the freedom of conscience , the clear mechanism of its realization must be in the ground of the state policy on religious education. The cultural pluralism does increase the challenge to integration of values. I should say, while thinking on Religious education we have to advocate not only the freedom of conscience , but the culture of freedom.

Notes 53

1. Il’in I. A. Collected works in 2 volumes. Volume 1. On the essence of the sense of justice. Chapter 21: the legal mind and religiouness. M.: ‘Medium’ Publishing House, 1994. 2. See: Universal Declaration of Human Rights 1948 (art.26,3), European Convention for the Protection of Human Rights and fundamental Freedoms 1950 (art. 2, Protocol 1), International Covenant on Civil and Political Rights 1966 (art. 18, 4), International Covenant on economic, social and cultural Rights 1966 (art. 13, 3), UNESCO Declaration оn the elimination of Discrimination in education1969 (art. 5, 1). 3. See more: Ingvill Thorson Plesner. Promoting Tolerance through Religious Education // Facilitating Freedom of Religion or Belief: A Deskbook, Editors: Tore Lindholm, W. Cole Durham, Jr., Bahia G. Tahzib-Lie. 2004. Netherlands. P. 7. 4. Newsru.com //Religion and Society// July13, 2012.. 5. See more in: Elena Miroshnikova , The cooperation model in State-Church Relations. Experience and Problems. Lambert Academic Publishing, Saarbuecken (Germany), 2011, 147 p.

Olivera Koprivica, Religious Education in Public Schools in Serbia Religious Education in Serbia until the mid-twentieth century Teaching about faith has always been an integral part of church life. The figures who especially put their mark, and established the catechetical work in Serbia, were the founders of Slavic literacy - the holy brothers Cyril and Methodius, 9th c, and St. Sava the Serbian (1174-1256). Until the mid-eighteenth century education in Serbia was the responsibility of the church 33. Schools were organised by bishops and supported by parishes and monasteries. In the eighteenth century, a modern Serbian school started to develop. Thanks to the efforts of the Habsburg monarchy bishops, first Serbian public schools were established: The Serbian Orthodox Elementary School in Novi Sad 34 in 1703, and the RussianSlavic 35 School in Sremski Karlovci in 1726. In 1731 the Metropolitan Vicentije Jovanovic founded Latino-Slavic Protection of the Mohter of God School in Sremski Karlovci 36. In the same year, 1731, the Bishop of Backa -Visarion Pavlovic, founded in Petrovaradin, Novi Sad a Latino-Slavic Nativity of the Mother of God High School (now high school „Jovan Jovanovic Zmaj“). In these schools, as well as in other schools founded later, the Religious Education was studied as one of the elementary subjects 37. With the creation of the Kingdom of Serbs, Croats and Slovenes in 1918 (later the Kingdom of Yugoslavia) Religious Education remained the part of the curriculum. Since 1929, the education about religion was under the competence of the Ministry of Education in both elementary and secondary schools. Between 1941-1944 the Catechism has been taught in the occupied Serbia. After the liberation of Belgrade in 1944, the maintenance of Catechism in schools came into question. The communist regime made the decision by which the Catechism become an extracurricular subject. From the 1st of Until 1769. the Serbian schools in Austria-Hungary were the responsibility of the church. From 1769th state began to prescribe their work (Јовић Р., Историјат верске наставе у Србији, 81., у: Верска настава у београдским школама, (78-88.)). 34 School in the churchyard of St. George Church in Novi Sad is first mentioned in the 1703rd as the Serbian Orthodox elementary school. Then alternated High School were: Petrovaradin Latino-Slavic Nativity of the Mother of God High School, State High School Joseph II, Roman Catholic High School, Serbian Orthodox Secondary School, State male High School, The State Male Practical High School of King Aleksandar, Hungarian Royal State School with Serbian as a teaching language, First and Second mixed High School, Mixed School „Svetozar Markovic“ and Second Mixed High School „Jovan Jovanovic Zmaj“, Center for the education of the staff in social activities„Jovan Jovanović Zmaj“ and finally from the school year 1990/91. the High School „Jovan Jovanovic Zmaj“. 35 Lower Secondary School 36 Complete high school, the forerunner of today's Karlovci High School 37 From its the very beginnings the religious education has the confessional character 55 33

May, 1946 the teachers of religion were no longer on the payroll of the state. In December 1951 the teaching of Catechism was formally prohibited from public schools by the adoption of the Law on Public Education. From that year on, Religious Education has been taught in churches 38. Organization of the Religious Education from 2001. until present Given the increased interest of young people for religious contents and given the increasing importance of religion and faith for a growing number of people 39, at the proposal of the traditional churches and religious communities the Serbian government adopted a Decree on organization and implementation of Religious Education and alternative subject on July 24th, 2001 40. Seven traditional churches and religious communities living and working in Serbia have received the right to teach religion: (Orthodox Church, Roman Catholic Church, Evangelical Christian Church i.e., Reformed Christian Church, Slovak Evangelical Church, Islam community, Jewish community) 41. In the fall of 2001 the Catechism was formally introduced to the school system (and as its alternative subject was the Civic Practice) as an optional subject in the first grades of elementary and high schools. In the following school year (2002/2003) 42 the Catechism and Civic Practice became compulsory elective subject (students were obliged to take one of the two) 43. The choice between the two subjects is done through a questionnaire at the admission of pupils in the first grade of elementary or high school. The student is allowed to change the optional subject et the beginning of every new school year 44. According to the Decree Јовић Р., Историјат верске наставе у Србији, 82., у: Верска настава у београдским школама, (78-88.). 39 The last census shows that 95% of Serbia's population identify themselves as religious (Два века развоја Србије: статистички преглед 2008/ 62.) 40 This Decree was published in the Official Gazette of the Republic of Serbia 2001 (Службени гласник РС 2001/46.) 41 Religious education has suffered a lot of criticism in its segment of confession. It was suggested, among others, that the Religious education should not be confessional, but general. 42 According to the Law on Amendments and Supplements of the Law on Primary and Secondary Education (Службени гласник РС 2002/22.) 43 Thus Serbia joined Croatia and Bosnia and Herzegovina; here, at the request of the dominant religious communities, confessional religious instruction is given since 1991. (in Croatia) and 1994. (in Bosnia and Herzegovina). 44 Law on Primary Education in 2009. (Службени гласник РС 2009/72.) provides that a student who opted for one of the two subjects, can change the selected subject every school year. By 2009. and since the school year 2004/2005. the first grade students that opted for one of the two subjects were required to keep that subject by the end of the cycle of basic education, or until the end of secondary education 56 38

on Organisation and Implementation of the Religious Education and alternative subjects, the parent or guardian may choose for a student in primary school to attend Religious Education or alternative course, while a high school student decides by himself/herself. The number of classes of Religious Education in all grades is one hour a week. Regulations on the curriculum of the Religious Education In 2002, the Educational Gazette published the Regulations on the curriculum of Religious Education, where all goals and objectives of Religious Education, for all churches and communities have been formalised. Educational Gazette also gave the Ordinance on the type of education of religious teachers, as well as the criteria and methods for assessing students attending Religious Education. The criteria for assessment are: regularity of attendance, motivation and active involvement in the learning process. Student’s achievement is assessed by descriptive marks: outstanding, good and satisfactory. It does not affect the overall student's grade. According to the Ordinance on the type of education of religious teachers, the Religious Education in primary schools can be taught by a person with a Degree from the Theological Faculty or Theological Academy. Apart from them, these classes can be given by the class teachers and subject teachers who are trained to perform Religious Education. Religious Education in high schools can be taught by a person with a Degree from the Theological Faculty, Theological Academy or any other Faculty, but would have to be trained to exercise Religious Education. Religious teachers need to obtain the nomination to teach in a particular school from a competent ecclesiastical authority. This nomination confirms the Minister of Education, Science and Technological Development. Religious teachers are responsible for their work directly to the Committee of Catechism of the local diocese (municipality) and to the school administration. Coordinators of Committee of Catechism are set by a competent ecclesiastical authority. In addition to Bishop, coordinators are also responsible to the Government Commission for Religious Education in primary and secondary schools. Government Commission is in charge of the organisation and implementation of Religious Education in schools in Serbia 45 and it

(Article 69. of the Amendments to the Law on Education (Службени гласник РС 2004/58. од 28.5.2004.)) 45 Decree on organization and implementation of Religious education and alternative subject (Службени гласник РС 2001/46.) 57

exists within the Office for Cooperation with Churches and Religious Communities of the Government of the Republic of Serbia 46. The Commission for Religious Education in primary and secondary schools consists of three representatives from the Ministry of Education, Science and Technological Development, and three representatives of the Office for Cooperation with Churches and Religious Communities, and one representative for every traditional church and religious community 47. Commission performs the tasks which are related to the: 1) compliance program and proposals of Religious Education of traditional churches and religious communities; 2) textbooks and other teaching resources 48; 3) giving opinions on the list of religious teachers to the Minister of Education, Science and Technological Development and to the Director the Government Office for Cooperation with churches and religious communities; 4) other matters related to the organisation of Religious Education. In all matters related to the organisation and realisation of Religious Education, the representatives of traditional churches and religious communities have the mutual and common positions. They address the joint proposals to the Ministry of Education, Science and Technological Development or to the Government Office for Cooperation with churches and religious communities. For example, the curriculum of Religious Education and textbooks of each church or community are reviewed by other churches and religious communities. Dr. Andrija KopiloviÄ&#x2021;, formerly Rector of the Theological-catechetical institute in Subotica and High Representative of Roman Catholic Church for Catholic Catechism, said that one of the most remarkable successes of the Commission for Religious Education in primary and secondary schools is cooperation itself within the churches and religious communities. Frequent meetings with a very delicate task have given the extra dimension of cooperation to the Commission. The Commission has become the badge and the model for solving other issues within the dialogue between Church, religious communities and society. The work of the Commission has attracted some notice from August 2012. The Serbian government adopted a Decree on the establishment of the Office for Cooperation with churches and religious communities. The Office has jurisdiction over the abolished Ministry of Religion and Diaspora. 47 Pursuant to Article 14 of the Decree on organization and implementation of Religious education and alternative subject; President, deputies and members of the Commission are appointed by the Government. 48 Law on textbooks and other teaching aids define that, following the opinion of the Institute for textbooks on the proposal of the Commission for Religious education in primary and secondary schools, National Education Council determines the need for textbooks for Religious education. Textbook for Religion education are approved by the Minister of Education. This approval is based on recommendation of the National Education Council and positive opinion of the Commission for Religious education in primary and secondary schools. 58 46

abroad, as well. It became a model and inspiration to many, an example of interfaith cooperation, especially when one considers that the Religious Education in Serbia is organised in a multi-religious and multi-ethnic society. Thereby, Churches and religious communities have testified that the faith is not a source of division in society and that the one’s religious insight does not contradict the contemporary understanding of social relations based on tolerance and diversity 49. The Churches and religious communities in Serbia organising the Religious Education in schools, and the titles of the subjects are 50: - Orthodox Church – Orthodox Catechism - Roman Catholic Church – Catholic Catechism - Evangelical Christian Church a.c. – Christian Ethics of the Evangelical Christian Church a.c. - Reformed Christian Church – Religious Education of the Reformed Christian Church - Slovak Evangelical Church a.c. – Evangelical Lutheran Catechism of the Slovak Evangelical Church a.c. - The Islamic community – Islamic Catechism (Ilmuddin) - Jewish Community – Religious Education-Judaism The curriculum for Religious Education have been published in the Official Gazette of the Republic of Serbia and it is a part of the prescribed Curriculum for primary and secondary schools. Curriculum for Religious Education define the Minister of Education and Minister of Religion 51 at the joint proposal of the traditional churches and religious communities 52. Mission, Objectives and Goals of Religious Education The fact which speaks about the nature of cooperation between the traditional churches and religious communities within the Commission for Religious Education in primary and secondary schools is that churches and religious communities have formulated the common mission, goals and objectives of their courses in high schools. These are the following 53: Mission of Religious Education, as an elective course in the secondary education, is to testify the faith and spiritual experience of traditional churches and religious communities, to provide students with a comprehensive religious insight into the world Kopilović A., Trogodišnje iskustvo Vjerske nastave u državnim školama u Srbiji Службени гласник РС – Просветни гласник, 2003/6 51 That is, the Minister of Education, Science and Technological Development and the Director of the Office for Cooperation with Churches and religious communities 52 Службени гласник РС 2001/45. (члан 5.) 53 Службени гласник РС – Просветни гласник, 2003/6. 49 50

and life, and to enable them to adopt spiritual life and values of the church (community) to which they belong and to help students to preserve their religious and cultural identity. Faith and spiritual experiences should be introduced to students in an open and tolerant dialogue, with full respect for the experiences of other religious and philosophical views, as well as scientific knowledge and all the positive experiences and achievements of humanity. Objectives and Goals of Religious Education are to help students to: - develop an open mind toward God and relationship with God, as well as openmind and relationship with other people (to see all people as fellow human beings). The teaching of the development of the awareness of communion with God and others, is thought to indirectly suppress the extreme individualism and selfishness; - develop the ability to ask questions about the ultimate meaning of human existence and existence of the world, about human freedom, about life in the community, about the phenomenon of death, about the nature that surrounds us, about oneâ&#x20AC;&#x2122;s responsibility for others and world as Godâ&#x20AC;&#x2122;s creation; - develop the aspiration for responsible life with others (people from their own church (community), as well as with people of different nations, religious community or culture), to help students find balance between the community and their own personality and to achieve the encounter with world, nature, and before and after all, with God; - understand and evaluate the contemporary culture and civilization, human history, human creativity in science and other fields; - build awareness and belief that world and life have eternal meaning, to help students build an ability to understand and scrutinise their personal relationship with God, other people and nature. The mission, objectives and goals of certain churches or religious communities have been formed on the basis of a common template and are almost identical. The specific, formulated goals and objectives in high school have subjects such as the Christian Ethics of the Evangelical Christian Church and Judaism. Their formulation suggests that they have implied all general objectives formulated through others, and that they wanted to avoid repetition 54. The table below gives a comparative overview of the mission, goals Christian ethics of the Evangelical Christian Church: Course mission is to help student to gain knowledge of Christian ethics written in Bible. Foundation of Christian ethics is Word of God written in Bible. It provides us living contact with God and with other humans. God came among us in the human body as Jesus Christ. He is the way, the truth and the life that lead us to our loving father God. Objective and goals are to develop among students faith and love for all people, to develop concern for others, and diseased; to develop a relationship to work, to learn about the basics of Christian doctrine; to gain a knowledge that in the spirit of the Reformation church constantly need a reform. Religious education Judaism: Course mission is to help Jewish community to preserve continuity of a three thousand year old historical, cultural and religious heritage. In order to ensure continuity of awakening and strengthening of Jewish identity, in addition to learning the basic principles of Judaism, the children should be shared the knowledge of the rich and tragic history of the nation to which they belong. The objectives and goals of 60 54

and objectives of religious denominations. Letters in bold are to show the differences in the text, in order to highlight that this differences are not substantial.

Religious Education - Judaism are to help students: to learn about the basic principles and laws of the Torah, religious, ritual, ethical and social regulations of Judaism and its application in daily life; to become familiar with the basic elements of Judaism, heritage and tradition; to refer them how to implement the most important settings of Judaism in all areas of life, in relation to God, to the world and with other people; to develop the principles of tolerance and respect for other religions; to gain knowledge about the liturgical elements of Judaism. 61

Mission, Objectives and Goals of Islamic Catechism (Ilmuddin) in High schools

Mission, Objectives and Goals of Catholic Catechism in high schools

Mission, Objectives and Goals of Evangelical Lutheran Catechism of the Slovak Evangelical Church a.c. and Religious Education of the Reformed Christian Church in high schools (they are listed together because they are identical) Mission of Evangelical Lutheran Catechism of the Slovak Evangelical Church a.c. and Religious Education of the Reformed Christian Church in high schools is to provide students with a comprehensive religious insight into the world, with special emphasis on the problems of youth. Church develops practical religious life and eschatological dimension (eternal life). This means for young people to deepen their knowledge of their own faith, their own problems and try to solve them through the experiences of religious education.

Mission, Objectives and Goals of Orthodox Catechism in high schools

The mission of Islamic Catechism (Ilmuddin) in high schools is to provide students with a comprehensive religious insight into the world, with special emphasis on the practical confessional life, as well as the future eternal life. Young people should learn about their own faith in its spiritual, moral, social, missionary and other dimensions in a proper way.

Mission of Catholic Catechism in high schools is to provide students with a comprehensive religious insight into the world, with special emphasis on the problems of youth. Church is available for a practical religious life and eschatological dimension – an eternal life. This means for young people to deepen their knowledge of their own faith, their own problems and try to solve them through the experiences of religious education, through liturgical life and especially through the involvement in social mission of christian faith.

Therefore, a presentation of religious viewpoint of the world should be done in a very open and tolerant dialogue with other sciences and theories.

Therefore, a presentation of the religious insight into the world should be done in a very open and tolerant dialogue with other sciences and theories through conversation.

The Islamic perspective includes all positive experiences from the individuals regardless of their ethnicity and religious education.

Christian sighting (community as a particular experience of faith) includes all positive experiences from individuals, regardless of their ethnicity and religious education.

Therefore, a presentation of the christian insight in the world and world’s existence should be done in a very open and tolerant dialogue with other sciences and world theories, in order to point out that christian viewpoint (liturgical and ascetic experience of the Orthodox Church) includes all the positive experiences of people, regardless of their ethnicity and religious education.

In order to implement the basic belief in all areas of life (relationships to God, to the world, to other people and to oneself), learning is both informative-cognitive as well as experiential- active. Catechism implies informative-formative approach to faith, and its mission is to develop insight in the world through the prism of one’s own beliefs, with the maximum observation of what has been specifically given.

In order to implement the basic belief in all areas of life: relationships to God, to the world, to other people and especially to oneself, learning is both informative-cognitive, as well as experiential- active. Catechism implies informativeformative approach to faith, and its mission is to develop insight in the world through the prism of one’s own beliefs, with the maximum observation of what has been specifically given.

Mission of the Orthodox Catechism in high schools is to provide students with a comprehensive orthodox insight into the world, in consideration of the two dimensions: the historical Christian life (the historical reality of the Church) and the eschatological (future) life (the ideal dimension). This means that students should systematically learn about the Orthodox faith in its doctrinal, liturgical, social and missionary dimension.

In order to implement the doctrinal settings in all areas of life (relationships to God, to the world, to other people and to oneself), learning is both informativecognitive as well as experiential- active.

Objectives and Goals of Islamic Catechism (Ilmuddin) are to help students to: - build awareness that God is the Creator, and the relationship with people as God's most perfect creatures; - develop an ability (appropriate to the students age) to comprehend the ultimate meaning of human existence and the existence of the world, about human freedom, life in the community, phenomenon of death, nature that surrounds us and to ponder on these issues in the light of the faith of Islam;

Objectives and Goals of Catholic Catechism are to help students to: -develop an open mind toward God, and the relationship with God as a different person who is perfect toward us, as well as an open mind and relationship with other people created after God's image and as a different persons toward us, and to build interdependent connection between these two relations (learning about the community); - recognise the dimensions of their own personality, to perceive problems of youth in the light of freedom, life in the community, existential problems of life and death, relationships with nature which surrounds us, as well as to build their own attitude on these matters in light of the faith, and on the basis of Church experience;

Objectives and Goals of Catechism are to help students to: -develop an open mind toward God, and the relationship with God as a different person toward us, as well as an open mind and relationship with other people created after God's image and as a different persons toward us, and to build interdependent connection between these two relations; - recognise the dimensions of their own personality, to perceive problems of youth in the light of freedom, life in the community, existential problems of life and death, relationships with nature which surrounds us, as well as to build their own attitude on these matters in light of the faith, and on the basis of Church experience;

Objectives and Goals of the Orthodox Catechism are to help students to: -develop an open mind toward God, and the relationship with God as a different person who is perfect toward us, as well as an open mind and relationship with other people created after God's image and as a different persons toward us, and to build interdependent connection between these two relations (learning about the community); -Develop an ability to ask questions about the entirety and about the ultimate meaning of human existence and existence of the world, about human freedom, about life in the community, about the phenomenon of death, about the nature that surrounds us and to respond to these questions in light of the orthodox faith and experience of the Church; - understand and evaluate the contemporary culture and civilisation, triumphs and failures in human history and the human creativity in various fields of human creativity (in order to obtain the equivalence with other sciences);

- understand and evaluate the contemporary culture and civilisation, triumphs and failures in human history and the human creativity in various fields of science;

- understand and evaluate the contemporary culture and civilisation, triumphs and failures in human history and the human creativity in various fields of human creativity (in order to obtain the equivalence with other sciences);

- understand and evaluate the contemporary culture and civilisation, triumphs and failures in human history and the human creativity in various fields of human creativity;

-develop an aspiration for responsible existence with others, to find balance between the community and their own personality and to achieve the encounter with the world (with people from different cultures, religions and insight into the world, with the society, with nature) and with God;

-develop the aspiration for responsible life with others, to find balance between the community and their own personality and to achieve the encounter with the world (with people of different cultures, religions and insights into the world, with the society, with nature) and with God;

-develop the aspiration for responsible life with others, to find balance between the community and their own personality and to achieve the encounter with the world and with God;

- Strengthen the belief that their life in this world is just a preparation for an eternity, that all creations are meant to be participants in eternal life, and from that perspective on, to help students build an ability to understand, review and evaluate their relationship to another human as God's creature and

- Strengthen the belief that the world and everything in it are created for an eternity, all are meant to be participants of an eternal life, and from that perspective on, to help students build an ability to understand, review and evaluate their relationship to another human beings, as unique persons and as God's creatures and build readiness for

- Strengthen the belief that the world and everything in it are created for an eternity, all are meant to be participants of the eternal life. This can only be achieved if a man his Godgiven freedom express as communion with God and other people, and from that

build readiness for repentance.

repentance.

as God's creatures and build readiness for repentance.

perspective on, to help students build an ability to understand, review and evaluate their relationship to another humans as unique individuals created after God's image and God's world and thus build readiness for the repentance.

The Orthodox Catechism classes In school year 2003/2004 The Institute for Textbooks and teaching aids has published a Guide for teachers in primary and secondary schools in which they introduced the mission, objectives and goals of the Orthodox Catechism, Curriculum for all classes of primary and secondary schools, guidelines for the implementation of program and general remarks. The creator of the Curriculum of Orthodox Catechism, Guide for teachers as well as textbooks for all classes in elementary and secondary schools is Bishop of Branichevo Ignatije Midić. In The Directive on implementation of the Orthodox Catechism 55 Bishop of Branichevo Ignatije points out that Religious Education should be a joint work of religious teachers and their students. Faith is to be passed as the reality of life and Church experiences. The notions of love and community are to be the foundation of the teaching. The authentic orthodox spirituality involves acceptance of others, self giving, sharing of thoughts and ideas, which enriches and builds up every person 56. In this context, the Orthodox Catechism mission is to broaden students' horizons and to show them the other human is our brother, created after God's image in order to be a participant of eternal life, that God loves him like any other human being because we are all children of God. Through this approach students gain a backbone in tolerance and respect for people of other faiths and cultures. Through this teaching students are encouraged to create a responsible life with other people. The Orthodox Catechism contributes to the development of tolerance, and it educates students for life in a multicultural and multi-religious society. The goals and objectives of the Orthodox Catechism include improvement of the theoretical knowledge and its practical religious experiences, but also the improvement in the ability to apprehend the connection of all fields of human creativity. This helps students to critically evaluate their own lives and issues. Religious Education should enable students to grow up to become people open to God and others, to grow into people capable of deeper understanding of culture, civilisation, triumphs and failures in Мидић И., Приручник за наставнике основних и средњих школа Кончаревић К., у: Кубурић З., Зуковић С., Верска настава у школи, 62. 64 55 56

history and achievements in various fields of work 57. Aims of the Orthodox Catechism are to help the cultivation of the values, and to contribute to the process of building the systems of value in the Serbian society. As opposed to the reigning mentality of success and competition that overcome the modern society which creates winners and losers, and as opposed to the modern religiosity that considers a preoccupation with fun and entertainment, the Orthodox Catechism should encourage students to develop Christian values of sensitivity to others and solidarity 58. It should guide students to become responsible adults capable of seeking out the balance between themselves and community, to comprehend, examine and evaluate their relationship with other persons and to be capable of repentance, self-restraint for the sake of others, and thus of getting a real freedom 59. Teaching methods and teaching materials of Orthodox Catechism The teaching contents of Orthodox Catechism is arranged in a linear-concentric principle, which means that knowledge which was introduced in previous school year will be built upon and extended through the teaching topics in following school year. Every new class will introduce a brand new theme which will then serve as a guiding point for building new knowledge in the following classes. Sequence of topics is declining in the lower classes and it has been adjusted by psychological assessment, while in upper primary and high school classes sequence of topics is in ascendance, and is based on the scientific principles of theological systematics 60. Orthodox Catechism uses different teaching methods in order to develop critical thinking 61: - Methods of oral presentation, - Dialogue (it could be organised between teacher and students, but also between students as a discussion). - Illustration (drawing, using applications, photos, pictures, films, audio materials) - Writing - Text analysis Religious teachers can supplement their classes with various teaching aids: - Visual teaching aids - Textual media (manuals, source texts, articles, conference proceedings) - Auditory learning tools Кончаревић К., у: Кубурић З., Зуковић С., Верска настава у школи, 62. Крстић З., Веронаука у служби васпитања за вредности 59 Кончаревић К., у: Кубурић З., Зуковић С., Верска настава у школи, 62. 60 Мидић И., Приручник за наставнике основних и средњих школа, 2. 61 Кубурић З., Зуковић С., Верска настава у школи, 68. 57 58

- Audio-visual teaching aids The organisation of Orthodox Catechism classes includes various types of work: - Frontal work - Group work - Work in pairs - Individual work Evaluation of the implementation and effects of teaching Orthodox Catechism In ten years, the effects of the teaching of Orthodox Catechism in Serbia has been conducted in relatively small numbers of empirical tests. The Institute for Educational Research in Belgrade first began with systematic research in this field 62. In order to gain insight into the way of implementation and effects of Religious Education in primary and secondary schools in Belgrade, The Institute for Educational Research conducted in 2009 a research for the Ministry of Religious Affairs of the Republic of Serbia. The most important findings of this research have been published in the Proceedings – Religious Education in Belgrade schools 63. The main objective of the evaluation was to assess the way of implementation and a degree of achievement of objectives and goals in order to obtain scientific data based on which one can decide whether it is necessary to enter certain changes in order to improve the quality and success of Religious Education 64. Non-experimental, descriptive research method was used in the evaluation. Data were collected by surveying students and teachers (170 teachers in schools in the city of Belgrade 65 and 979 students in elementary and secondary schools (489 elementary and 490 secondary)). The survey was anonymous. It used two devices: a questionnaire for students attending Orthodox Catechism and questionnaire for religious teachers 66. The evaluation has brought many positive indicators, as well as recommendations for the Institute for Educational Research, Belgrade in 2003. published the Proceedings Religious education and Civic Practice in schools in Serbia edited by Dr. Snezana Joksimovic. Important works in this field are: Methods of Religious Education (2004) by Dr. Zorica Kuburic and Snezana Dacic, Methodological manual for teachers of religion (2005) by M. Vucicevic and Religious education in schools (2010) by Zorica Kuburić and Sladjana Zuković. 63 This is the first phase of the evaluation of Religious education. The second phase should include a representative sample for Serbia. Conditions for teaching in schools in Belgrade are clearly different from those in other parts of Serbia. Initially, intention was to analyse Religious education in general, but the results brought from Belgrade schools were in major from Orthodox Catechism. 64 Верска настава у београдским школама, Предговор приређивача, 7. 65 Representing 68.5% coverage of schools and teachers, if we assume that every school have one religious teacher. 66 Гашић-Павишић С., Шевкушић С, О евалуацији Верске наставе у школама у Београду, 12., у: Верска настава у београдским школама, (9-14.) 66 62

improvement of the teaching of Orthodox Catechism. Some of the results of the evaluation have been presented in the following lines: The Orthodox Catechism from a pupil's viewpoint Data collected from the students' questionnaire show very positive opinion about the course of Orthodox Catechism. Almost all students considered the teaching content was useful, comprehensible, not difficult and interesting. Students of primary and secondary schools have relatively similar perceptions on this subject. However, more high school students considered the content of the Othodox Catechism to be not very interesting and too extensive 67. According to students' answers in the questionnaire, major reason for choosing Orthodox Catechism is the desire to learn about religion, culture and tradition. Students are satisfied with their choice. The majority of them would re-elect Orthodox Catechism. Positive attitude among students probably come from the fact that most students do not have any objections regarding the classes of Orthodox Catechism 68. One of the aspect of the Orthodox Catechism classes, which students like the most, is its content. Another quality of the class, by the preferences of the students, is the method of teaching and then the quality of teachers who taught them. The students, almost uniformly, estimate very highly the Orthodox Catechism teachers. The teacher is, in their opinion, fair, friendly, respect students, is not rigorous and has an interesting teaching method 69. Effects that students perceive as a result of attendance the Orthodox Catechism is the knowledge about faith, tradition and culture. They also consider the Orthodox Catechism has contributed in strengthening their religiosity and moral development. About 10% of students, Милин В., Марушић М., Верска настава из угла ученика, 52., у: Верска настава у београдским школама, (41-54.) 68 72% pupils in primary school and 64% of high school students would re-elect Religious education. Compared with the results in 2003rd, when 74% of secondary school students in Serbia said that they would opt for Religious education, this result suggests that students show stable interest for Religious education. Study also shows that the number of students who would not choose either one of the two elective subjects are twice lower than was the 2003rd year, which, again, shows that the introduction of these two subjects in schools correspond to the interests and needs of students. Otherwise, among the students in Belgrade schools who attend Religious education overcome the students with high academic achievements and also the students from families with parent’s education significantly above the average educational structure of the population in Belgrade. Since there are no data on school performance of students who attend Civic Practice in Belgrade schools and on the educational structure of parents of these students, it can not be concluded whether the academic achievement and parent’s education affect the determination of students to attend Religious education. 69 Милин В., Марушић М., Верска настава из угла ученика, 53., у: Верска настава у београдским школама, (41-54.) 67 67

Based on the collected data and considering that the teachers of Catechism see the important educational goal of Catechism in moral development of children, it can be said that the realisation of this goal has been successful 70. Although students have positive attitudes towards Orthodox Catechism, their responses indicate that some aspects of teaching should be improved. Mostly, it is teaching method. That indicate that the teachers of Orthodox Catechism should be more trained to apply a number of different teaching methods. Comparing the responses of students from elementary and high schools, there is a higher percentage of high school students that have criticism regarding teaching methods, than elementary school students. Another observed difference between the primary and secondary schools is the difference in religious tolerance. It tends to increase in high school. Furthermore, it was found that students show respect for people from different religions, that they accept religious equality, but they are not ready to share life with the people of other faiths. This indicates that it is necessary for the Orthodox Catechism to make more efforts in overcoming this distrust 71. The teachers of the Orthodox Catechism Orthodox Catechism trains young staff. Over 80% of examinees is less than 40 years old and have less years of service than other teachers. Most teachers have adequate formal education and high motivation for professional development 72. According to answers about the satisfaction with various aspects of job in the questionnaire for relgious teachers, it can be said that they are satisfied with the job. They feel accepted by their colleagues. They have a good cooperation with the school psycho-pedagogical service and have satisfactory communication with students. A certain number of teachers expressed some dissatisfaction with the social standing of Religious Милин В., Марушић М., Верска настава из угла ученика, 54., у: Верска настава у београдским школама, (41-54.) 71 Most students, about 70%, accept people with different religions. Students also showed a high tolerance when it comes to freedom of religious belief, acceptance and support of religious equality (83-87% of students support the view that people should have same rights, regardless of religion, that it is more important who the person is, than which religion they belong to, and that everyone has the right to choose in which religious community to belong to, and what to believe in). However, by number of students there is a mistrust towards people of other faiths when it comes to personal relationships. Thus, one third of them thinks not to be safe to live in a milieu with majority of people of other religion. About one-third of students agree with the statement that all citizens of a country should belong to one religion. One quarter of students believes that one should be careful with members of other religions, even if they are our friends. About one-fifth of them believed that mixed marriages are doomed to fail. 72 Шевкушић С., Анђелковић С., О наставницима који предају Верску наставу, 57., у: Верска настава у београдским школама, (55-66.) 68 70

Education. Given the constant opposition from a part of society against this course, this finding is not surprising 73. The results of the evaluation of Religious Education in Belgrade schools have brought up an interesting fact about the cooperation that teachers have with parents. Given that the Religious Education is an elective course whose descriptive mark does not affect the overall grade of students, it is interesting that more than half of the teachers are in contact with the parents. Some teachers have noticed a positive effect of Religious Education on parents through their children’s interest in religion. That parents attend events, participate in organisation of the extracurricular activities and come to church. Teachers of Orthodox Catechism are often engaged in some of the extracurricular school activities. They organise visits to the churches and church services, visits to the museums and monasteries. A number of teachers organise competitions and quizzes on Religious Education, chorus, Icon painting workshops, which certainly contribute to students' motivation to participate in Religious Education and helps them establish good relationship between students and teachers 74. The results of evaluation of the quality of teaching of the Orthodox Catechism indicate the need for more fundamental pedagogical-psychological education of teachers as well as education in didactics, in teaching methods that are most appropriate for developmental characteristics of students, their prior knowledge and abilities 75. The teachers themselves expressed a desire for continuous professional development. This can be done through lectures, seminars, through mentoring and supervision 76. The specific seminar topics which teachers cited as needed were: methods of teaching, writing, preparing for different teaching units, types of assessment and the correlations of Orthodox Catechism curriculum with other subjects 77.

Шевкушић С., Анђелковић С., О наставницима који предају Верску наставу, 62., у: Верска настава у београдским школама, (55-66.) In past eleven years, Religious education has often experienced not only negative media pressure, but also the efforts of governmental bodies to prevent the realisation of the Religious Education. Lately, these negative efforts are focused to bring Religious Education back to the status of optional subject, on the grounds that the children are, anyway, overloaded in schools. 74 Гашић-Павишић С., Квалитет Верске наставе у београдским школама. Општи налази евалуације, 74., у: Верска настава у београдским школама (67-77.) 75 Шевкушић С., Анђелковић С., О наставницима који предају Верску наставу, 59., у: Верска настава у београдским школама, (55-66.) 76 Шевкушић С., Анђелковић С., О наставницима који предају Верску наставу, 65., у: Верска настава у београдским школама, (55-66.) 77 Шевкушић С., Анђелковић С., О наставницима који предају Верску наставу, 61., у: Верска настава у београдским школама, (55-66.) 73

Conclusion Religious Education returned to the institutional school education in Serbia in school year 2001/2002. It has denominational character and has the status of elective subjects which is opted at the beginning of every school year. Besides the exception of the fifty years of forbidden Religious Education during the rule of the communist regime in the 20th century, at the beginning of 21st c Religious Education continues its two and a half centuries old tradition. In a present educational system in Serbia Religious Education is not one of the basic school subjects, as it was in its history. However, this course remains loyal to its nature - to educate children about values. Religious Education is a course that has a significance beyond one educational and informational course. Through it, and within educational institutions, churches and religious communities express their effort and their responsibility to bring values to students and to help them become better people 78. Confessional Religious Education is designed to help the process of building pure human values. Without values no society can be humane and civilised 79. Religious Education seeks to educate students to become open individuals, capable of deeper understanding of civilisation and culture in which they live, capable of seeking out a balance between themselves and community, of comprehending and evaluating their relationship to other human beings, individuals capable of repentance, self-restraint for the sake of others and thus of achieving the real freedom 80. In Serbian society, in which the educational process is almost entirely directed towards the society of knowledge and not towards society of values, Religious Education gives its contribution in the directing the society to Good 81. References 1. Верска настава у београдским школама, приредиле Гашић-Павишић С., Шевкушић С., Православни Богословски Факултет, Београд 2011. 2. Лазић С., Не треба да се бојимо дијалога, разговор са Епископом браничевским проф. др. Игнатијем, http://pravoslavlje.spc.rs/broj/1062/tekst/ne-trebada-se-bojimo-dijaloga/print/lat, (cited 10.11.2012.); 3. Кончаревић К., Верска настава у београдским школама, приказ књиге, http://www.katiheta.net/joomla/index.php?option=com_content&view=article&id=101 3%3A2011-06-24-16-20-04&catid=47&Itemid=68, (cited 09.11.2012.);

Kopilović A., Trogodišnje iskustvo Vjerske nastave u državnim školama u Srbiji Regulations on the Curriculum of the Religious Education for Secondary School (Службени гласник РС 2003/6.) 80 Кончаревић К., у: Кубурић З., Зуковић С., Верска настава у школи, 62. 81 Крстић З., Веронаука у служби васпитања за вредности 70 78 79

4. Кончаревић К., Нова сазнања о почецима високог образовања у Србији, http://pravoslavlje.spc.rs/broj/1061/tekst/nova-saznanja-o-pocecima-visokogobrazovanja-u-srba/print/lat (cited 19.11.2012.) 5. Kopilović A., Trogodišnje iskustvo Vjerske nastave u državnim školama u Srbiji, http://www.veraznanjemir.bos.rs/index.php?page=obrazovanje (cited 24.11.2012.) 6. Крстић З., Веронаука у служби васпитања за вредности http://www.katiheta.net/joomla/index.php?option=com_content&view=article&id=112 3%3A2012-06-07-16-13-08&catid=47&Itemid=68, (cited 09.11.2012.); 7. Кубурић З., Зуковић С., Верска настава у школи, Центар за епмиријска истраживања религије, Нови Сад 2010.; 8. Мидић И., Православни катихизис. Приручник за наставнике основних и средњих школа, Завод за издавање уџбеника и наставна средства, Београд 2004. 9. Правилник о наставном плану и програму предмета Верска настава за средње школе,http://www.zuov.gov.rs/novisajt2012/naslovna_propisi_dokumenti.html, (cited 17.11.2012.) 10. Службени гласник Републике Србије – Просветни гласник, година LII/6, Београд 2003.; 11. Уредба о организовању и остваривању Верске наставе и наставе алтернативног предмета у основној и средњој школи, http://www.zuov.gov.rs/novisajt2012/naslovna_propisi_dokumenti.html, (cited 17.11.2012.) 12. http://www.jjzmaj.edu.rs (cited 18.11.2012.) 13. http://www.karlgimnazija.edu.rs (cited 18.11.2012.)

Michaela Moravčíková, Religious Education in the World Today Slovakia 82 Short Religious Demographics after Census Taken in 2011 The Slovak Republic is a young independent state that came into existence on January 1, 1993 after a peaceful division of the Czech and Slovak Federative Republic. The traditional religion is Christianity which was brought to the territory of present-day Slovakia by Irish-Scottish monks at the end of the 8th century and was developed thanks to the Byzantine mission in the ninth century. The prevailing denomination is Catholicism, of the Latin rite at present. Orthodox Christians, Protestants, Jews, and adherents of other religious societies are also integrated into Slovak society. In the most recent census taken in 2011, 62.0 % (68.9 in 2001) of the population declared their affiliation to the Roman Catholic Church, 3.8 % (4.1 in 2001) to the Byzantine Catholic Church (Greek Catholics), 5.9 % (6.9 in 2001) to the Lutheran Church of the Augsburg Confession, 2.0%. 13.4 % (12.96 in 2001) of the population declared themselves as being “without confession”; 10.6 % (2.9 in 2001) of respondents did not answer the question about religious denomination at all. 83 Constitutional Principles Constitutionally grounded principles of the relationship of the Slovak Republic to ideologies and religion serve to frame state-church relations. The 1992 Constitution of the Slovak Republic 84 acknowledges in its preamble the spiritual heritage of Cyril and Methodius and the historical legacy of the Great Moravian Empire. In Chapter One of the Constitution (General Provisions), the basic principle is to be found in Article 1: “The Slovak Republic is a sovereign, democratic state governed by the rule of law. It is not bound by any ideology or religion.” 85 Article 24 guarantees freedom of thought, conscience, religion and faith. This right includes the right to change religion or faith. Everyone has the right to refrain from a religious affiliation. Every person has the right to express freely his or her own religious conviction or faith, either alone or in association This paper is based on my chapter in the book The Routledge international handbook of religious education / edited by Derek H. Davis, Elena Miroshnikova. London: Routledge, 2013. P. 310-317. 83 From the total 5,397.036 inhabitants of the Slovak Republic. http://portal.statistics.sk/files/tab-14.pdf 84 No. 460/1992 Zb. as implemented in Constitutional Act no. 244/1998 Z. z., Constitutional Act no. 9/1999 Z. z., Constitutional Act no. 90/2001 Z. z., Constitutional Act no. 140/2004 Z. z., Constitutional Act no. 323/2004 Z. z. 85 http://www-8.vlada.gov.sk/index.php?ID=1378. 72 82

with others, privately or publicly, by worship, religious services and ceremonies, or participate in religious instruction. 86 The religious freedom in the Slovak Republic is also guaranteed by the Constitutional Act no. 460/1992 Zb 87, the Constitution, and the Constitutional Act no. 23/1991 introducing the Bill of Basic Rights and Freedoms. Principal Questions of Status and Activities of Churches and Religious Societies Principal questions of status and activities of churches and religious societies in the Slovak Republic are also regulated by Act no. 308/1991 Zb on the freedom of religious faith and the position of churches and religious societies in the wording of later regulations. Act no. 308/1991 Zb. on freedom of religious faith and the position of churches and religious societies in the wording of Act no. 394/2000 Z.z. and of Act no. 201/2007 88 assumes the provisions of Article 24 of the Constitution and specifies them. It stipulates that profession of belief must not be a reason for restriction of constitutionally guaranteed rights and freedoms of citizens, foremost the right to education, to work and free choice of employment, and access to information. It also stipulates that the believer has the right to celebrate festivals and services according to the requirements of his or her own religious belief, in accordance with generally binding legal rules. Act no. 308/1991 Zb. on the freedom of religious faith and the position of churches and religious societies regards as church or religious society a voluntary association of persons of the same religious belief in an organisation with own structure, bodies, internal regulations and services. Churches and religious societies are legal entities, and can associate freely. They may create communities, orders, societies and similar institutions.

Article 24 provides: Freedom of thought, conscience, religion and faith shall be guaranteed. This right shall include the right to change religion or faith and the right to refrain from a religious affiliation. (1)Every person shall be entitled to express his or her opinion publicly. (2) Every person shall have the right to express freely his or her own religious conviction or faith alone or in association with others, privately or publicly, by worship, religious services or ceremonies and participation in religious instruction. (3) Churches and ecclesiastical communities shall administer their own affairs. (4)All ecclesiastic authorities and appointments, religious instruction, establishment of religious orders and other religious institutions shall be separate from the State authorities. The rights under sections (1) to (3) of this Article can be legally restricted only as a measure taken in a democratic society for the protection of the public order, health, morality, and rights and freedoms of other people.http://www-8.vlada.gov.sk/index.php?ID=1379. 87 “Zb,” or since 1993, “Z.z.” – abbreviations for “Zbierka zákonov,” i.e., Collection of Laws. 88 Act no. 201 from March 29, 2007, amending and supplementing Act no. 308/1991 Zb. on freedom of religious faith and the position of churches and religious societies in the wording of Act no. 394/2000 Z. z. 73 86

Churches and religious societies are a special type of legal entity taking advantage of a special status (according to Article 24 of Constitution) and also other rights awarded to legal entities in general. It concerns particularly the inviolability of privacy, the protection of property, name and inheritance, the inviolability of letters, the freedom of movement and residence, the freedom of expression and the right to information, the right to petition, the right to assemble, to associate, and the right to judicial and legal protection, etc. The State acknowledges only churches and religious societies which are registered 89. According to Act no. 308/1991 Zb.

Religious Education and Denominational Schools According to the Constitution of the Slovak Republic, everyone has the right to education. School attendance is compulsory. Its period and age limit are stipulated by law. 90 Citizens have the right to free education at primary and secondary schools and, based on their abilities and society's resources, also at higher educational establishments. 91 Schools other than state schools may be established, and instruction in them provided under conditions defined by law. Such schools may charge a tuition fee. According to the Article 24 of the Constitution, churches and religious societies “organise the teaching of religion“ and, according to Act no. 308/1991 Zb. on the freedom of religious faith and the position of churches and religious societies in wording of later regulations, believers have the right to be educated in a religious spirit and, on fulfilment of conditions established by internal rules of churches and religious societies as well as by generally binding legal regulations, to teach religion. This issue is amended in more detail by the Basic Treaty between the Slovak Republic and the Holy See, 92 and the Agreement between the Slovak Republic and the Registered Churches and Religious Societies; 93 the contracting parties refer to a more At present there are 18 churches registered in the Slovak Republic: Apostolic Church in Slovakia, Brother´s Unity of Baptists in the Slovak Republic, Baha´i Community in the Slovak Republic, Church of Seventh-day Adventists, Slovak Association, Brethren Church in the Slovak Republic, Church of Jesus Christ of the Latter-day Saints, Czechoslovak Hussite Church in Slovakia, Evangelical (Lutheran) Church of the Augsburg Confession in Slovakia, Evangelical Methodist Church, Slovak Area, Greek Catholic Church in the Slovak Republic, Christian Congregations in Slovakia, Religious Community of Jehovah’s Witnesses, New Apostolic Church in the Slovak Republic, Orthodox Church in Slovakia, Reformed Christian Church in Slovakia, Roman Catholic Church in Slovakia, Old Catholic Church in Slovakia, and the Central Union of Jewish Religious Communities in the Slovak Republic. 90 Currently the compulsory education in Slovakia is 10 years, but students are in any event no longer required to attend school after completion of the school year in which the student turns 16. 91 There are heated debates about university tuition fees at present. 92 Published in the Collection of Laws under no. 326/2001 Z.z. 93 Published in the Collection of Laws under no. 250/2002 Z.z. 74 89

detailed amendment in special agreements (so called separate agreements). The right to religious education is guaranteed also by Act no. 29/1984 Zb. on the system of primary and secondary schools (the School Act) in the wording of later regulations. Persons appointed by churches and religious societies may teach religion at all schools and educational institutions, which are part of the educational system of the Slovak Republic. Act no. 596/2003 Z.z. (on state administration in education and educational selfgovernment) determines the competence, organization, and function of administrative bodies in the educational system, as well as in towns, municipalities, and self-government bodies in education, and defines their duties. It determines the network of schools and educational institutions, decides on the location of a school, school facility, or a vocational education center in the network, possible changes, and whether a school should be excluded from the network. The Act designates the bodies authorized to establish schools, educational institutions, or centers of vocational education. Such bodies are towns, municipalities, regional boards, registered churches or religious societies, other corporate bodies or individuals. 94 Education provided at denominational or private schools is on par with the education provided at other schools. The aim of denominational and private schools or educational institutions is to provide, in addition to quality education and training, alternative content, methods, and formats in education and training. Establishment of these schools allows parents to apply their right to choose a school or educational institution for their children according to their belief and conscience, and it creates a competitive environment to motivate everyone to improve the educational system. 95 Churches and religious societies have the right, for educational purposes, to establish, administer and employ primary schools, secondary schools, universities and educational institutions in compliance with the provisions of law. These schools and educational institutions have the same position as state schools and educational institutions and they are an important and an equal part of the education system of the country. The Slovak Republic gives full recognition to diplomas issued by these schools and institutions and considers them equal to diplomas issued by state schools of the same kind, field, or level. Hence, they are acknowledged as equivalent to state diplomas; moreover, the same is true about academic degrees and titles. Government funding is also provided to private and denominational schools equivalent to funding of state schools. Government funding of educational institutions is established on normative principles. 96 Financing per student/year (norms) is the same for both denominational and state schools. However, state educational institutions (kindergartens, canteens, after-school nurseries, etc.) and state artistic schools still have more financial advantages in comparison to the same kind of schools founded by Section 19 Act no. 596/2003 Z.z. on state administration in education and self-government of schools, and on change and amendments of certain acts. 95 http://www.minedu.sk/index.php?lang=sk&rootId=37. 96 ยง 10 (5) c), h), j) to m) of Act no. 596/2003 Z.z. 75 94

churches (or private founders). 97 Financial means for schools and educational institutions from budget chapters of the Ministry of Education are provided to their founders through the Regional Education Offices according to the residence of the founder. 98 Most state universities include theological faculties. There are six theological faculties in Slovakia at four different universities: Roman-Catholic Theological Faculty of Cyril and Methodius at the Comenius University in Bratislava, Evangelical Theological Faculty at the Comenius University in Bratislava, Theological Faculty at the University of Trnava, Theological Faculty at the Catholic University in Ružomberok, Greek-Catholic Theological Faculty at the University of Prešov, and Orthodox Theological Faculty at University of Prešov. There are also theological institutes and seminaries for future priests in Slovakia. These seminaries are specialized workplaces of public universities or theological faculties where university students are taught the values promoted by the respective church in accordance with the internal policies of the church. 99 Seminaries could also be autonomous legal entities that have an agreement with a university. In that case, seminary students are taught the values promoted by the respective church in accordance with the internal policies of the church, and the university education is provided by the university or theological faculty. 100 Missio canonica, or authorization of the church, is an inevitable condition for any educational activity at these institutions. Internal policies of theological faculties and denominational universities are approved by the academic senate only following the church’s or religious community’s pronouncement. Act no. 131/2002 Z.z. on higher education and on the change and supplements to some acts stipulates which paragraphs of this Act refer to denominational public universities and theological faculties “adequately”. It concerns 22 paragraphs 101 of the Act on universities, which refer mainly to the academic rights and freedoms, establishments of schools, academic selfgovernment and its field of activity, rectors, deans, acceptance and disciplinary proceedings, rights and responsibilities of students, university teachers, and agencies of the scientific council and executive board of the public university.

The Statutory Order of the Government of the Slovak Republic that amends the Statutory Order no. 668/2004 Z.z. on the distribution of income tax revenues to regional self-governments, as amended by Statutory Order no. 519/2006 Z.z. 98 § 3 (6) of Act no. 597/2003 Z.z. on funding of primary and secondary schools and school institutions. 99 § 39 (1) Act no. 131/2002 Z.z. on universities. 100 There are currently seven seminaries in Slovakia. These are: Seminary of Ss. Cyril and Methodius in Bratislava, St. Francis Xavier Seminary in Banska Bystrica-Badin, St. Gorazd Seminary in Nitra, Bishop Ján Vojtašák Seminary in Spišská Kapitula – Spišské Podhradie, Seminary of St. Charles of Boromej in Košice, Greek-Catholic Seminary of Blessed Bishop Peter Pavol Gojdič in Prešov, and Orthodox Seminary of the University of Prešov in Prešov. 101 § 4 - 6, § 8 -ž 10, § 21 (3), § 23, § 25 - 28, § 30, § 40 (2) and (4), § 58 (6), § 66, § 67, § 70 to 72, § 75 (4), (6), (8), (9), (10) and § 102 (3) b) and c) of the Act. 76 97

In 2000, the Catholic Church established the Catholic University in Ružomberok; 102 its operation is supported by State financial contributions. Its establishment was confirmed by the Bishops Conference of Slovakia. The Catholic University has currently four faculties: philosophical, theological (in Košice), the faculty of health, and pedagogical faculty. On January 20, 2004 the National Council of the Slovak Republic gave its consent to the Treaty between the Slovak Republic and the Holy See on Catholic Education 103 as well as the Agreement between the Slovak Republic and the Registered Churches and Religious Societies on Religious Education. 104 In the Treaty between the Slovak Republic and the Holy See on Catholic Education, ratified on June 4, 2004, the Slovak Republic proceeded from the Constitution of the Slovak Republic (above all from the Articles 12, 24 and 42), and the Holy See, from the documents of the Second Vatican Council, above all from the declaration Gravissimum educationis and from the norms of the Canon Law, and both contracting parties also from Article 9 of the Basic Treaty between the Slovak Republic and the Holy See. The Agreement came into force, based on the Article VI, paragraph 2, on July 9, 2004. The Agreement between the Slovak Republic and the Registered Churches and Religious Societies on Religious Education is the first of the series of agreements anticipated by the Basic Agreement between the Slovak Republic and Eleven Registered Churches and Religious Societies. The ratification of the Agreement took place at the same time as the ratification of the Treaty between the Slovak Republic and the Holy See on Catholic Education, on May 13, 2004. The Treaty between the Slovak Republic and the Holy See on Catholic Education was signed by the President of the Slovak Republic for the SR and the State Secretary for the Holy See. The Agreement between the Slovak Republic and the Registered Churches and Religious Societies on Religious Education was signed by three top constitutional representatives 105 and the leaders of the eleven churches. 106 The first one is an agreement with a body of international law and the second one is an intrastate agreement. These documents introduce religious education into the Slovak educational system as an elective mandatory subject, with students having the option to attend ethics classes as an Act no. 167/2000 Z.z. on the establishment of the Catholic University in Ružomberok. Published on July 9, 2004 under no. 394/2004 Z.z. 104 Published on July 13, 2004 under no. 395/2004 Z.z. 105 The President, the Chairman of the National Council, and the Prime Minister. 106 Evangelical (Lutheran) Church of the Augsburg Confession in Slovakia, Reformed Christian Church in Slovakia, Orthodox Church in Slovakia, Evangelical Methodist Church, Slovak Area, Brother´s Unity of Baptists in the Slovak Republic, Brethren Church in the Slovak Republic, Church of Seventh Day Adventists, Slovak Association, Apostolic Church in Slovakia, Central Union of Jewish Religious Communities, Old Catholic Church in Slovakia, Czechoslovak Hussite Church in Slovakia. 77 102 103

alternative. The lowest possible number of students in a religious education class is twelve. 107 Registered churches and religious societies may include also students from different classes and of different beliefs in religious education classes with their permission. If the number of students is lower than the required twelve, the principal gives consent to teaching of religious classes during religious lessons of other denominations, ethics lessons, or after school. One lesson a week is the standard quota for religious or ethics education at state or private primary schools. At primary denominational schools, students have two lessons of religious education per week. At state or private (non-denominational) high schools, there is one lesson of religious or ethics education per week in the first and second classes. In the third and fourth classes students may, if the school offers such a possibility, choose one of these subjects as a non-mandatory supplementary subject. At denominational high schools students have two lessons of religious education per week in all four classes. Teachers of religion have the same status in labor law relations as teachers of other subjects; however, they have to be appointed by their church or religious society. For Catholics it is the authorization of missio canonica. 108 Parents or guardians decide on the religious education of the child until the age of 15. In both the Treaty and the Agreement, the Slovak Republic guarantees, in accordance with the will of parents or guardians, to enable religious education in pre-school facilities, too. The curriculums of religion and religious education have to be approved by the respective church after the statement of the Ministry of Education of the Slovak Republic. Besides expert qualification, the religious education also requires canonical mission or authorization by the church or religious society according to the legal regulations of the Slovak Republic. This condition applies for university teachers of theological disciplines, too. The above-mentioned documents also recognize the right of churches and religious societies to establish and to operate their own schools and school institutions of any kind and type. At the same time, the state guarantees not to demand that the denominational schools carry out educational programs inconsistent with the upbringing and education principles of the respective church. Churches pledge to offer both general and special education at denominational schools consistent with the general and special education at state schools of respective degree and type. Both sides also oblige to cooperate in the process of preparation and creation of educational programs and in the sphere of education and upbringing in denominational schools. The schools of churches and religious societies will get the same funding as all the other schools in compliance with Maximum number of students is 24; this is a principle that applies to all â&#x20AC;&#x153;educationalâ&#x20AC;? subjects (e.g. ethics education, fine art education, and physical education). 108 Canon 805 CIC and Canon 636 CCEO. 78 107

the legal order of the Slovak Republic. The Agreement also enables churches to establish pedagogical and catechetical centers with a nationwide field of activity in order to provide professional and methodical guidance of denominational schools, as well as expert education of pedagogical and non-pedagogical employees of denominational schools. The state pledges to financially support theological faculties as well as not to create obstacles to the founding and activities of university pastoral centers. Article 6 of the Agreement between the Slovak Republic and the Registered Churches and Religious Societies on religious upbringing and education declares that the Agreement is open for accession by other churches and religious societies registered in compliance with the legal order of the Slovak Republic. This accession shall be decided upon by registered churches and religious societies participating in the Agreement on the basis of a written request. All contracting parties must agree with the accession. In compliance with the legal order of the Slovak Republic, any registered church or religious society which is not a signatory of the Agreement can demonstrate a will to sign a similar bilateral agreement with the Slovak Republic. Conclusion Religious education is the most important aspect of upbringing and education in general. The Agreement between the Slovak Republic and Registered Churches and Religious Societies and similarly the Basic Treaty between the Slovak Republic and the Apostolic See defines that it is the parental right and obligation to take care of and bring up their children. Both the above-mentioned sources of the Slovak contractual church law define also rights of registered churches and religious societies in the area of education and upbringing. These are specified in the so-called partial agreements in detail. Registered churches and religious societies have the right to establish, administer and use primary schools, secondary schools, universities and educational institutions for education and upbringing in accordance with the criteria given by the rule of law of the Slovak Republic. Church schools and educational institutions have the same status as state school and educational institutions and cannot be discriminated nor separated from the education system of the Slovak Republic. The Slovak Republic recognizes graduation certificates in similar or the same field, kind and level as state schools and educational institutions under the conditions given by the rule of law of the Slovak Republic. The Slovak Republic recognizes the equivalence of these documents. The Slovak Republic was bound to provide necessary environment for religious education of children at school and educational institutions in accordance with the religious conviction of their parents by the agreements. This obligation includes the duty of the Slovak Republic to supply parents so that religious education is available at all grades of primary schools and at all secondary schools and educational institutions, and 79

to support church educational organisations and youth movements in the interest of healthy development of the youth.

Bibliography and Resources DAVIS, D., H., MIROSHNIKOVA, E. The Routledge international handbook of religious education. London: Routledge, 2013. 414 p. MORAVČÍKOVÁ, M., CIPÁR, M. Cisárovo cisárovi. Ekonomické zabezpečenie cirkví a náboženských spoločností. Bratislava : ÚVŠC, 2001, 277 p. MORAVČÍKOVÁ, M., RIOBÓ SERVÁN, A. Cooperación del Estado con las Iglesias en Materia de Educación: La República Eslovaca. In Revista general del Derecho Canónico y Derecho Ecclesiástico del Estádo. No 7, Enero 2005. MORAVČÍKOVÁ, M. State and Church in the Slovak Republic. In ROBBERS, G. (ed.) State and Church in the European Union. (Second edition). Baden-Baden: Nomos, 2005, p. 491 – 518. RIOBÓ SERVÁN, A. El derecho de libertad religiosa en la República Checa y en la República Eslovaca. Madrid: Dykinson, 2005, 543 p. http://www.statistics.sk/ http://www.minedu.sk/ http://www.government.gov.sk/ http://www.culture.gov.sk/

Drago Čepar, Religious Education in the Republic of Slovenia 1. Introduction In this short description of religious education in Slovenian primary and secondary schools 109 we first review some statistical data about religious affiliation, then mention the most important legal sources, present the current situation in public and in private schools and, at the end, try to make a simple comparision of Slovenia to other European countries. 2. Statistical Data Article 41 of the Constitution of the Republic of Slovenia 110 stipulates that no one shall be obliged to declare their religious or other beliefs, so there is no precise insight into the religious structure of Slovenian citizens or residents. However, there exists data from population censuses and the results of social surveys. In recent population censuses which covered all residents, an answer to this question was not mandatory, but the majority of residents answered the question. In the 1991 census 71.6% of inhabitants declared their religion to be Catholic, 0.7% Evangelical, 2.4% Orthodox, 1.5% Muslim, 4.4% unbeliever or atheist, and 4.2 % declined to answer the question. In the 2002 census 57.8% of inhabitants declared their religion to be Catholic, 0.8% Evangelical, 2.3% Orthodox, 2.4% Muslim, 10.1% unbeliever or atheist, and 15.7 % declined to answer the question. 111 The results of social surveys for years 2005, 2006, and 2007 are: Catholics 70.3%, 64.5%, and 66.3%, respectively; Evangelical 1.9%, 2.0%, and 1.8%; Orthodox 1.8%, 2.2%, and 1.7%; and Muslim1.4%, 1.2%, and 1.9%. 112 3. Legal Sources In its provisions about education and schooling the Constitution does not explicitly mention religious education or denominational activities in school. 113 Its Article 7

The term »primary« is used for the nine years of compulsory education (age: 6 – 14 years), and the term »secondary« for the next four years (age: 15 – 18 years) e.g. high schools such as grammar school. 110 The Constitution of the Republic of Slovenia, Official Gazette of the RS, Nos. 33/91, 42/97, 66/00, 24/03, 69/04, 68/06. Translation of its specific articles is based on the English translation which may be accessed on the website of the National Assembly of the Republic of Slovenia: http://www.dz-rs.si/index.php?id=351&docid=25&showdoc=1, October 27, 2010. 109

Rapid Reports, No. 92/2003, Statistical Office of the Republic of Slovenia. SJM 2007/2, Slovenian Public Opinion, Review and comparison of year-on-year measurements, University of Ljubljana, Faculty of Social Sciences – Institute for Social Sciences, Public Opinion and Mass Communication Research Centre, Ljubljana, December 2007. 113 Article 57 (Education and Schooling): 111 112

stipulates that the state and religious communities shall be separate; religious communities shall enjoy equal rights and shall pursue their activities freely. Article 14 provides for equality before the law. Article 41 provides for freedom of conscience, including the right of parents to provide their children with a religious and moral upbringing in accordance with their beliefs: Religious and other beliefs may be freely professed in private and public life. No one shall be obliged to declare his religious or other beliefs. Parents have the right to provide their children with a religious and moral upbringing in accordance with their beliefs. The religious and moral guidance given to children must be appropriate to their age and maturity, and be consistent with their free conscience and religious and other beliefs or convictions. The Act on Organization and Financing of Child Rearing and Education 114 (The Education Act) The Education Act, before later amendments, stipulated in Article 72 that, in public kindergartens and schools as well as in kindergartens and schools that have been granted state licenses, religious activity was not allowed. Religious activity is defined as: catechesis or denominational religious education with the goal to educate children in a particular religion; subject where a religious community decides about contents of the lessons, textbooks, education and suitability of teachers; or organized religious ceremonies. In considering the constitutionality of this provision, the Constitutional Court of the Republic of Slovenia, in its Decision No. U-i-68/98, 115 addressed the admissibility of religious activities in public schools from the viewpoint of the principle of the separation of the state and religious communities. As the Court explained, the state is obliged to pursue neutral, tolerant, and non-missionary practices. So, religious content may not form a part of public instruction in schools. The same holds true of schools that have been granted state licenses; the license provides the mandate to pursue the activity, the permanent and uninterrupted pursuit of which is guaranteed by the state in the public interest, and the state fully finances the performance of that license-based public service. Safeguarding the negative aspect of the freedom of religion the Court believes it is legitimate to implement the principle of separation between the state and religious communities in public kindergartens and schools in the strictest and most consistent possible manner. 116 Beyond the performance of public service (outside the framework of â&#x20AC;&#x153;Freedom of education shall be guaranteed. Primary education is compulsory and shall be financed from public funds. The state shall create the opportunities for citizens to obtain a proper education. â&#x20AC;&#x153; 114 Official Gazette of the RS, No. 12/1996. 115 U-I-68/98, of November 22, 2001, Official Gazette of the R.S., No. 101/01. 116 In April 2010, when considering the constitutionality of some articles of Religious Freedom Act, the Constitutional Court further elaborated this view in the paragraph 86 of the explanation of its Decision (U-I-92/07-23, Official Gazette of the R.S., No. 46/2010) with the following statement: â&#x20AC;&#x153;However, in the 82

the curricula of public, state-funded programs), denominational activity is permissible in kindergartens and schools with a state license. 117 So the Court states in its decision that the Act's provision is unconstitutional in that part which refers to kindergartens and schools that have been granted state licenses. Consequently, the Act was amended on November 27, 2002 118 and Article 72 was revised to conform to the Court's decision. In (private) kindergartens and schools with a state license, religious activity is now allowed when performed outside the curricula of public, state-funded programs. Religious activity must not hinder space or interrupt state-funded programs and must be organized so that persons who do not want to participate can come and leave undisturbed. In special cases, if there are no other appropriate premises in the local community, the competent minister may allow catechesis or denominational religious lessons on the premises of public kindergartens and schools, but only outside the time of the regular curriculum of the school or regular time of operation of kindergarten. The Agreement between the Republic of Slovenia and the Holy See on Legal Issues 119 (the Agreement) Article 10 of the Agreement provides: “(1) In accordance with the legislation of the Republic of Slovenia and the canon law, the Catholic Church is entitled to establish and manage schools of all types and levels, secondary school and university students' halls of residence, and other educational institutions. (2) The State shall support the institutions referred to in the previous paragraph under equal conditions as other private institutions of the same kind. (3) The status of secondary school and university students and pupils case of conflict between positive and negative aspects of the freedom of religion, that is when its positive aspect interferes with its negative aspect, the negative aspect does not have ‘a priori’ priority with respect to the positive aspect. “ It concludes that when considering child rearing and education, we have to take into consideration not only the religious freedom of children, but also the constitutional provision that guarantees parents a special aspect of their freedom of religion, namely the right of parents “to provide their children with a religious and moral upbringing in accordance with their beliefs.” 117 For a more detailed discussion of this and other constitutional decisions related to freedom of religion and religious communities, see M. Movrin, “Freedom of Religion and the Legal Status of Churches and Other Religious Communities in the Slovenian Constitution and the Decisions of the Constitutional Court of the Republic of Slovenia,” in The State and Religion in Slovenia, Office of the Government of the Republic of Slovenia for Religious Communities, ed. D. Čepar, (Ljubljana, 2008), 39-55. 118 The Act on Amendments of the Act on Organization and Financing of Child Rearing and Education, Official Gazette of R.S., No. 108/2002. 119 The Agreement was signed on December 14, 2001 in Ljubljana, and the National Assembly of the Republic of Slovenia adopted the Act ratifying the Agreement between the Republic of Slovenia and The Holy See on legal issues on January 28, 2004 (Official Gazette of the R.S. – M.P., No. 4/04). On November 19, 2003, the Constitutional Court of the Republic of Slovenia delivered its preliminary opinion on the constitutionality of the Agreement (Rm-1/02-21, Official Gazette of the R.S., No. 118/03). 83

of these institutions is equal to that of secondary school and university students and pupils of public institutions.” The first paragraph of Article 3 states that “the legal order of the Republic of Slovenia guarantees the Catholic Church freedom of activity, worship and catechesis.” We find similar provisions in the agreements of the Government of the Republic of Slovenia with the Evangelical Church in the Republic of Slovenia, the Pentecostal Church in the Republic of Slovenia, the Serbian Orthodox Church Metropolitanate of Zagreb and Ljubljana, the Islamic Community in the Republic of Slovenia, and the Buddhist Congregation Dharmaling. The Religious Freedom Act 120 The Religious Freedom Act is the basic law regulating the manner of provision and implementation of religious freedom, the legal status of churches and other religious communities and their register, their rights, and conditions and procedures for their registration. Its Article 4 (Laity of the State and Equality of Churches and Other Religious Communities) reads as follows: “(1) Churches and other religious communities shall act separately from the state and shall be free to organize and pursue their activities. The state shall not interfere with their organization and activities except in cases laid down by the law. (2) Churches and other religious communities shall have equal rights and obligations. Every church or other religious community shall be independent and autonomous in its organization. The state shall undertake to fully respect this principle in mutual relations and to co-operate with them in the advancement of the human person and the common good. (3) The state shall be neutral towards religious beliefs. (4) The state shall not express opinion on religious issues.” Article 5 defines churches and other religious communities as organizations of general benefit: “Churches and other religious communities promoting spirituality and human dignity in private and public life, endeavour to create meaning in terms of existence as regards religious life and at the same time exert an important role in public life through their activities by developing their cultural, educational, solidarity, charitable and other activities in the field of social state, thus enriching the national identity and performing an important social role, are organizations of general benefit.” It further states in the second paragraph of the Article: “The state shall respect the identity of churches and other religious communities and shall lead an open and ongoing dialogue with them and develop the forms of lasting cooperation.” 4. Religious Education in Public Schools There is no compulsory subject on religion in public schools in Slovenia. In public primary schools (nine years of compulsory schooling, consisting of three triennials), the 120

Official Gazette of the R.S., No. 14/2007.

majority of content related to religion is included in the non-denominational subject Religions and Ethics. Article 17 of the Primary School Act 121 obliges schools to offer at least six optional subjects, among which have to be a foreign language, the nondenominational subject of religions and ethics, and rhetoric. Until 2007 it was mandatory for each pupil to select at least three subjects. With amendments adopted in 2007 and applied since January 1, 2008, this number was diminished, so that it is now compulsory to choose at least two subjects. If there are enough 122 pupils who apply for the subject, it is taught in the seventh, eightth, and nineth grades, once a week. In the 2006/07 school year, it was taught in 65 out of 447 primary schools and was attended by 1 774 pupils, that is, 1.1 percent of all (164 991 123) primary school pupils. Forty primary schools taught the subject Religions and Ethics in one of the three classes of the last triennium, 18 primary schools in two of the three classes, and 7 primary schools in all three classes. After the application of the mentioned amendments of the Primary School Act the number of pupils who choose this subject dropped substantially. In the 2009/10 school year this subject was taught in 34 primary schools and was attended by 549 pupils. A total of 26 schools taught it in one, 4 schools in two, and 4 schools in all three classes of the last triennium. In the school years 2010/11 and 2011/12 the share of pupils who attended the subject was 0.35 124 percent and 0.34 percent, respectively. In the 2010/11 school year the subject was taught in 35 primary schools and was attended by 565 pupils; in the 2011/12 school year it was taught in 33 primary schools and was attended by 544 pupils. The attendance diminished in the 2012/13 school year to 28 primary schools and 517 pupils. Teachers for this subject were educated in an educational program prepared by the Faculty of Arts and the Faculty of Theology of the University of Ljubljana. Study meetings and workshops have been organized for teachers by the National Education Institute since 1998. To develop and promote this subject, a project “Intercultural Dialogue – Religions and Ethics” was organized from 2005 until 2009 at the National Education Institute. A two-day joint meeting for teachers and

121

Official Gazette of the R.S., No. 12/1996.

It is difficult to define, what is »enough«. The minimum required number of applications is not defined. What is defined, is the maximum number of groups for optional subjects, which is different for every school. In some cases this subject was implemented for three, and in one case even for only one participant. 123 Statistical Yearbook 2008, Statistical Office of the Republic of Slovenia, Ljubljana, 2008, http://www.stat.si/letopis/2008/06_08/06-02-08.htm, October 26, 2010. 124 The number of participants 565 represent 0.35% of the total primary school population 159 514 pupils, and this is more or less the level of participation of last four years. To get an estimate of the share of population that will through this program eventually get a comprehensive knowledge about religion and religions, in the long run, if the attendance remains at this level, we have to compare this 565 participants to the population of last three years (out of nine years), which is approximately three times smaller. So, we get a rough estimate, that approximately one percent of public school population is going to get some comprehensive religious education, if the sistem remains unchanged. 85 122

pupils in the form of a camp has also been organized. 125 Religious content is also taught in mandatory subjects such as Slovenian language, history, civic education and ethics, geography, fine arts, and foreign languages. In public secondary schools, students acquire their knowledge of religion primarily through subjects such as history, geography, sociology, philosophy, psychology, and Slovenian language. In the textbooks for the mentioned subjects, religions and their sacred texts are introduced. The Grammar Schools Act 126 in Article 33 introduces a special system of so-called compulsory optional contents, which also provides a possibility for students to choose a program related to religion. 127 5. Religious Education in Private Schools In Slovenian legislation there is no legal difference between kindergartens and schools established by religious communities and private kindergartens, and schools established by other private-law subjects. 128 Thus, religious communities can establish education institutions, residence halls for pupils and students and other similar institutions, and in them freely perform educational activities in line with their own statutes in accordance with the constitutional and legal order of the Republic of Slovenia. The share of private schools in national education system is relatively small. In the school year 2005/2006 there was only one private school, accounting for 0.1% of all primary school pupils, and 6 private schools, accounting for 2% of all secondary school students 129. In the school year 2011/2012 there were 3 private primary schools with Raw data about schools that executed the program and about the number of participants, as well as other information about the project “Intercultural Dialogue – Religions and Ethics“ has been kindly provided to the author of this text by the project manager Mrs. Jožica Gramc, pedagogic counsellor at the National Education Institute. 126 Official Gazette of the R.S., No. 1/2007. 127 Compulsory optional contents are activities and programs offered to students by schools and also other subjects. Students have some freedom to choose among offered programs, which must not be school subjects and must not be limited by curriculum rules. They are usually implemented in the form of compact full immersion programs. In the four years of grammar school every student has to take part in 300 hours of these activities (90 hours in each of the first three years and 30 hours in the last year). See the website of the Ministry of Education and Sport: http://portal.mss.edus.si/msswww/programi2010/programi/gimnazija/obvezne_izbirne_vsebine.htm#4.9., December 28, 2010. 128 See also L. Šturm, “State and Church in Slovenia,” in State and Church in the European Union, ed. G. Robbers, 2nd edn (Nomos: Baden-Baden, 2005), 481. 129 The website of the Ministry of Education and Sport: http://www.mss.gov.si/fileadmin/mss.gov.si/pageuploads/zakonodaja/pdf/OS/ZOFVIOb.pdf, October 28, 2010 86 125

683 130 pupils (0.43 % out of the total of 159 701), and 6 private secondary schools, 131 with 1921 students (2.46 % out of the total of 77 980). The status of religious education in the three private primary schools performing statelicensed education program differs from one school to another. Waldorf School Ljubljana 132 began its lessons in school year 1992/93. 133 In the three years of the last triennium the non-denominational subject Religion and Ethics has been a mandatory subject. 134 Alojzij Šuštar Primary School Ljubljana, 135 as a constituent part of the St. Stanislav Institute, began its lessons in school year 2008/2009 as the first Catholic primary school. Religious education is a mandatory subject throughout all nine grades. In the first two trienniums the subject is called Comprehension of Religion, and in the last triennium it is called Religion and Culture. Pupils also have the opportunity in the school to attend catechesis which otherwise usually takes place within Catholic parishes. The Montessori Institute 136 began its primary school lessons in the school year 2010/2011 at the level of first grade. 137 A compulsory non-denominational subject Religion and Culture is scheduled for all three years of the last triennium. 138 Four grammar schools in Slovenia have been established by a religious community, 139 the Catholic Church. The interconfesional subject Religion and Culture has been taught as a

Total numbers of students and pupils and their numbers in private schools are taken from Statistical Yearbook 2012, Statistical Office of the Republic of Slovenia, Ljubljana, 2012 (http://www.stat.si/letopis/2012/06_12/06-09-12.htm, December 29, 2012) 131 They are: Zavod sv. Stanislava, Škofijska klasična gimnazija; Zavod sv. Frančiška Saleškega, Gimnazija Želimlje; Zavod Antona Martina Slomška, Škofijska gimnazija Antona Martina Slomška; Škofijska gimnazija Vipava; Waldorfska šola Ljubljana; EURO šola Ljubljana. See the website of the Ministry of Education and Sport: http://www.mss.gov.si/fileadmin/mss.gov.si/pageuploads/podrocje/ss/vpis/2010/Vpis_10_p1.doc, October 28, 2010. 132 Waldorfska šola Ljubljana. 133 The website of the Ministry of Education and Sport: http://www.mss.gov.si/si/delovna_podrocja/osnovnosolsko_izobrazevanje/osnovna_sola/zasebne_osnovne_ sole/, October 28, 2010. 134 The website of the Waldorf School Ljubljana.: http://www.waldorf.si/?w=11, October 28, 2010. 135 Osnovna šola Alojzija Šuštarja Ljubljana. 136 Montessori inštitut. 137 The website of Montessori Institute: http://www.montessori-institut.si/hisaotrok.html, October 29, 2010. 138 PROGRAM OSNOVNE ŠOLE MON TESSORI (Programme of the Montessori Primary School): http://www.mss.gov.si/fileadmin/mss.gov.si/pageuploads/podrocje/os/devetletka/program_drugo/Montess ori.pdf, October 29, 2010. 139 Zavod sv. Stanislava, Škofijska klasična gimnazija; Zavod sv. Frančiška Saleškega, Gimnazija Želimlje; Zavod Antona Martina Slomška, Škofijska gimnazija Antona Martina Slomška; Škofijska gimnazija Vipava. 87 130

mandatory subject 140 in the four Catholic grammar schools for a number of years. A special textbook with a special title has been written for each grade. The textbooks present the history of world religions, major existing religions, and their sacred texts. 141 Waldorf School Ljubljana in its grammar school program has a compulsory nondenominational subject, Religion, in all four years. Euro School (Euro šola), has no mandatory subject on religion in its grammar school program. 6. Slovenia among other European countries. 142 Private schools, in general, are more free than public schools to offer religious education according to the wishes and needs of pupils and their parents. As the share of private schools in the national education system is very small in Slovenia, we will in this chapter concentrate on the systems of religious education in public schools. All countries have in their public schools some religion related contents in general subjects like history, geography, literature, …. To compare European countries we cluster them on the basis of the existemce of a regular, denominational or nondenominational, subject of religious education as a part of the public curriculum, and eventual other positive measures towards providing religious education. By »regular« subject we understand a subject compulsory as a rule, with different possibilities to opt out or to choose an alternative option or not to participate. A great proportion of pupils take it. The prevailing model in the European Union and in Europe in general is one with denominational religious education as regular subject in the curriculum. In this cluster

The website of »Škofijska klasična gimnazija”: http://skg.stanislav.si/osoli/predmetnik.htm, November 8, 2010. 141 D. Čepar, “Religious Freedom and Religious Communities in the Republic of Slovenia,” in The State and Religion in Slovenia, ed. D. Čepar (Office of the Government of the Republic of Slovenia for Religious Communities: Ljubljana, 2008), 24. 142 The main sources used for this chapter are: The Routledge International Handbook of Religious Education, Derek Davis, Elena Miroshnikova(Eds.), Routledge 2012; The conference »Religious Education in the World Today«, Ljubljana, December 4-6, 2012; Religion in Public Education/Religion dans l'Éducation Publique, G. Robbers (Ed.), European Consortium for Church and State Research, 2010; State and Church in the European Union, Gerhard Robbers (ed.), Second edition, Nomos, Baden-Baden 2005 Law and Religion in Post – Communist Europe, Silvio Ferrari, W. Cole Durham, Jr. (Eds.), Peeters, Leuven 2003 Legal Aspects of Religious Freedom, Drago Čepar, Blaž Ivanc (Eds.), Ljubljana: Government Office for Religious Communities, 2008 EUREL, http://www.eurel.info/spip.php?rubrique625 88 140

we find 18 out of 27 EU members 143 and five other countries, namely: Austria, Belgium, Bosnia and Herzegovina, Cyprus, Finland, Germany 144, Greece, Croatia, Ireland, Italia, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Russia, Slovakia, Serbia, Spain and Switzerland. The EU itself could also be placed in this group on the basis of denominational religious education in the European school 145. We did not include France, since she has denominational religious education in public schools only in Alsace-Moselle. The differences among the systems of these countries, such as religions taught, degree of influence of involved religious communities, possibilities of opting out, alternative subjects, number of hours per week, etc., will not be commented here. In the group of countries with a non-denominational subject on religion as regular subject in the curriculum of public schools we find Denmark, Norway, Russia 146, Sweden, Turkey and United Kingdom 147 Some EU members with no regular subject on religion in public schools' curriculum have, in order to fill this gap, introduced other positive measures and/or provided for other possibilities outside the official curriculum. They are Bulgaria, Czech Republic, Estonia, France, and Hungary. All of them experienced periods unfriendy to religion in their history. In the Czech Republic and Hungary extracurricular denominational religious education at school premises is organised by religious communities and financed by state. France has provided for the possibility of school chaplains and for one day (usually Wednesday) off, to make possible for pupils to take part of religious education out of school premisses. In Estonia, besides the possibility to choose a nondenominational religious education as a voluntary (in some schools compulsory) subject, which can become compulsory once chosen, schools also can take into account (recognise) that a student takes part of confessional religious education in some other institution. As a positive step in Bulgaria we understand the introduction in 2002/ 2003 of obligatory selectable subject »Religion« in the frame of which specific religions as Orthodox Christianity and Islam can be chosen.

Their names are written in italics. It has to be mentioned, that one of 16 German »länder«, namely Brandenburg, has no denominational religious education in its public schools. 145 We refer to the European school described by M. Rynkowski in (Robbers, 2010) 146 Russia also is listed in the former group. We mention it here, too, because its compulsory subject »Basics of religious culture and secular ethics« makes it possible to choose one module among four denominational and two non-denominational modules. 147 Scotland has its own chapter in (Davis, Miroshnikova, 2012) and also has non-denominational education in its public schools. As it is a part of the United Kingdom, we do not mention it here explicitely. 89 143 144

There remain very few countries with no regular subject on religion in public schools' curriculum, for which no positive steps to promote religious education within or outside official curriculum could be detected. They are Albania, Macedonia, Slovenia and Ukraine. Religious education in the education systems of Montenegro, Kosovo, Belarus and Moldova has not been studied. 7. Conclusion Political and professional public discussions on the model of religious education in Slovenian schools have been ongoing over the past two decades. The international symposium “Religious Education in Slovene Schools: Evaluation and Perspectives” took place in Ljubljana in 2009 (November 26-27), where models of religious education in the schools of Slovenia and some other European countries were presented and discussed. In its closing statement the participants made an observation that in Slovenia, knowledge about religion is poor. They stressed the need for the debate to be concentrated on the expert level and not on the political one. The difference between denominational subjects of religion and non-denominational ones taught in schools should be made clear. Cross-curricular programs between religious education and other school subjects should be encouraged. The right of parents to religious upbringing and education of their children should be exercised also in public schools. Religious communities should be included in the further development of the model of religious education at the national level. 148 The conference »Religious Education in the World Today«, Ljubljana, December 4-6, 2012, organised by St. Stanislav Institution in cooperation with Brigham Young University, Provo, brought fresh evidence, broader views and new possibilities for searching better solutions. The system of denominational religious education in public schools is not congruent with Slovenian legal order. It is however possible to introduce a compulsory non-denominational religious education or to follow examples set by our neighbour Hungary and by Czech Republic (both with experience of atheist systems in their history), which financially support extracurricular denominational religious education. It is not within the scope of this paper to find or propose an acceptable solution. It is however clear that one percent of pupils getting some comprehensive religious knowledge in public schools is not enough to make it possible for future generations to “Religious Education in Slovene Schools: Evaluation and Perspectives, Proceedings of the International Symposium,” in St. Stanislav's Institution, November 26-27, 2009, ed. R. Globokar (Zavod sv. Stanislava, Ljubljana 2010), 357-58. 90 148

be able to read and understand important peaces of literature, peaces of other arts, to understand the impact of different religions in world culture, to live in a pluralistic and multicultural world and to have better insight in the ever lasting and emerging ethical questions.

Derek H. Davis, Religious Education in the United States of America Background At the time that the United States was born in the late 18th century, there were no public schools. Most education took place in churches and homes. Based on the theory, however, widely advanced by such notable figures as Thomas Jefferson and Horace Mann, that a democratic order demanded a commonly educated citizenry, public schools began to emerge in the 1830’s and were a staple in the American system by the 20th century. Due to the diversity of religions represented in America, however, it became apparent that church-state separation should be observed in the public schools. This development led to the emergence of a strong and viable tradition of religious schools, a tradition that remains active and successful today. While approximately 89% of precollege students attend public schools in the United States, private schools (roughly 90% religious) offer a strong alternative to the public school system. The relationship between religion and education in the United States is generally regulated by the First Amendment to the Constitution, which states, in part: “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof.” 149 American courts have variously interpreted the meaning of this provision, but generally the Establishment Clause means that the state is not to aid or advance religion, while the Free Exercise Clause means that the state must protect religious beliefs and actions that do not threaten the public order. These two clauses from the First Amendment generally advance the doctrine of separation of church and state, which means that the institutions of church and state in American society are not to be interconnected, dependent upon, or functionally related to each other. The purpose of this requirement is to achieve mutual independence and autonomy for these institutions, based on the belief that they will function best if neither has authority over the other. The First Amendment is binding on both the state and federal governments.” 150 The amount of U.S. jurisprudence based on the application of the First Amendment to the education enterprise is considerable, both with respect to public education as well as private education. Most of this jurisprudence originates in the form of attempts to weaken the observance of the separation of church and state in the school setting. As Supreme Court Justice Wiley Rutledge once stated, “Two great drives are constantly in motion to abridge, in the name of education, the compete division of religion and civil authority which our forefathers made. One is to introduce religious education and observances into the public schools. The other, to obtain public funds for the aid and 149 150

U.S. Const., Amendment I. Cantwell v. Connecticut, 310 U.S. 296 (1940).

support of various private religious schools.” 151 Justice Rutledge lamented this trend, observing that, to guarantee respect for all religions, separation of church and state should be strongly adhered to in the education context. Religion in the Public Schools The Supreme Court generally adheres to a strong separation principle in judicial decisions that limit religious activity in the public schools. Thus Court decisions limiting schools’ ability to entertain vocal prayers and scripture readings, to post the Ten Commandments and other religious texts, or to advance a particular religious worldview are intended to protect the sacred domain of religion from state interference. These limitations often result in widespread criticism of the Court. Because roughly 3/4 of the American population adheres, in one form or another, to the Christian religion, roughly the same percentage of public school students practice some form of Christianity. It is therefore to be expected that many of the attempts to include religious observances in the public schools is generated by Christians seeking specifically Christian activities. If these efforts are rebuffed by the courts in the interest of maintaining equality among all religions represented in the public schools, many Christians charge that the courts are biased against Christianity. This is a false charge, of course, but it might appear that way since the overwhelming number of cases addressed by the courts adjudicates the propriety of Christian activities. Some have attempted to challenge the “absence of religion” in public schools, alleging that a secular curriculum establishes a secular humanist religion that violates the Establishment Clause, 152 but this charge has never been upheld. It is important to remember that in the public school context, it is the precepts and practices of institutionalized religion that are prohibited from being embraced or proscribed. Courses that teach comparative religion, the historical or literary aspects of religion, or the anthropologized dimensions of religion are permitted, even encouraged. As Justice Tom Clark wrote in Abington v. Schempp (1963), “one’s education is not complete without a study of comparative religion or the history of religion and its relationship to the advancement of civilization. . . . study of the Bible or of religion, when presented objectively as part of a secular program of education [does not violate] the First Amendment.” 153 The Supreme Court has allowed “released time” education, in which students are dismissed from school early to permit them to attend denominational religious classes at a location separate from the public school. 154 However, the U.S. Supreme Court has Everson v. Board of Education, 330 U.S. 1 (1947), 63. Smith v. Board of Commissioners of Mobile County Schools, 827 F.2d 684 (11 th Circ. 1987). 153 Abington v. Schempp at 225. 154 Zorach v. Clauson, 343 U.S. 306 (1952). 151 152

refused to allow sectarian religious instruction on public school grounds, even if the courses are optional and the instructors are paid by the denominations or with private funds. 155 Acts of worship that are led by school personnel are not allowed in public schools. A 22word generic prayer composed by New York State officials was barred, 156 as was devotional Bible reading and the Lordâ&#x20AC;&#x2122;s Prayer, 157 a moment of silence set aside for private acts including prayer, 158 a student-led prayer at a high school graduation ceremony, 159 and a prayer at a high school football game in Texas, the mecca of high school football. 160 The Supreme Court has also held that mandatory student participation in saluting the American flag is prohibited. 161 All of these practices are barred because they entail state-led endorsement of religion. But student-led religious activity carrying no state endorsement is not barred. For example, private prayer, Bible reading, or wearing religious garb, even on school grounds, is protected by the Free Exercise Clause. Moreover, the Equal Access Act of 1984 requires public secondary schools that permit student activities involving speech, such as an extra-curricular language club or scuba-diving club, to provide equal access of school grounds for students to conduct a religious meeting. 162 The American public school system has been successful, largely due to an absence of religious strife. Most attempts by the Religious Right and other faith groups to inject sectarian religious activities into the public schools have not met with success. Religion and Private Schools American citizens have the right to form private schools, including private religious schools, 163 as well as well as to teach their children at home. The States, however, retain the right to supervise these forms of instruction. 164

McCollum v. Board of Education, 333 U.S. 203 (1948). Engel v. Vitale, 370 U.S. 421 (1962). 157 Abingdon v. Schempp, 374 U.S. 203 (1963). 158 Wallace v. Jaffree, 472 U.S. 38 (1985). 159 Lee v. Weisman, 505 U.S. 577 (1992). 160 Santa Fe Independent School Dist. V. Doe, 530 U.S. 290 (2000). 161 West Virginia State Board of Education v. Barnette, 319 U.S. 624 (1943), overruling Minersville School District v. Gobitis, 310 U.S. 586 (1940). 162 20 U.S.C. Â§ 4071, upheld in Board of Education v. Mergens, 496 U.S. 226 (1990). 163 Pierce v. Society of Sisters, 268 U.S. 510 (1925). 164 Board of Education v. Allen, 392 U.S. 236 (1968). 94 155 156

Many private schools are entirely privately funded but many also seek state funding. Direct state funding of religious schools is prohibited but indirect funding has been a major church-state battleground in America. Generally charged with upholding the American doctrine of church-state separation, courts have nevertheless upheld various legislative programs to fund non-religious activities at religious schools or give tax credits to parents to reimburse them for costs in sending their children to private religious schools. The Supreme Court case law in this area is highly complex and not always consistent. In the mid-twentieth century, the U.S. Supreme Court, when it began adjudicating a large number of religion cases, enunciated a “no aid” principle. Based on a strong principle of church-state separation, funding of religiously-affiliated educational institutions was considered beyond the scope of what the Constitution permits. This perspective advanced the idea that various forms of aid to religious institutions inevitably compromises their religious mission, causes dependence upon governmental support, politicizes religion, and ultimately causes religion to lose its prophetic role and its ability to provide the moral foundations that the nation needs. It was in Everson v. Board of Education (1947) that the Court so clearly enunciated this principle, but even the Everson decision seemed to defy the Court’s thoroughly separationist rhetoric. In Everson, the Court included in a litany of prohibited acts foreclosed by the Establishment Clause this notable declaration: “No tax in any amount, large or small, can be levied to support any religious activities or institutions, whatever they may be called, or whatever form they may adopt to teach or practice religion.” 165 The Court then held, inexplicably to some observers, that it was not a violation of this declaration to prevent the city of Ewing, New Jersey from reimbursing parents for bus fares incurred to transport their children to Catholic schools. The decision seemed to some critics inconsistent with the Court’s own pronouncement of what the Constitution requires, thus giving rise to the argument that the Court never really adopted the “no aid” approach at all. But occasionally the Court would make rulings that genuinely seemed to support the “no aid” approach. Meek v. Pittenger (1975), 166 for example, struck down an attempt by the Pennsylvania legislature to send various forms of aid to private religious schools. The Court ruled that most of the aid, which ostensibly did not advance the “religious” aspects of the educational enterprise, such as loans of instructional equipment, recorders, lab instruments, and the provision of counseling and testing services for remedial students, was divertible to religious purposes and therefore violated the Establishment Clause. The Court further noted, as it often did in “no aid” cases, that any aid to Everson, 16. Meek v. Pittenger, 421 U.S. 229 (1977). Meek has been referred to as “the ‘high water mark’ of no- aid separationism.” See Ronald B. Flowers, Melissa Rogers, and Steven K. Green, Religious Freedom and the Supreme Court (Waco, Tx.: Baylor University Press, 2009), 569. 95 165 166

church-related schools, even that which was arguably “secular” in nature and thereby enabled the schools to expend their own funds on religion-specific activities, caused a breach of the Establishment Clause. The latter principle never was the majority view on the Court, however, thus opening the door to a friendly linkage between church and state that might permit certain kinds of aid to religiously-based educational institutions. While the High Court could have stuck by its “no aid” principle and universally denied any type of government aid, direct or indirect, to church-related schools, it chose to go another route—one of cooperation between government and religion by which it would approve funding of “secular” components of private religious schools while denying funding for those components that might advance the “sacred.” Consequently, the courts have permitted governments to purchase or provide, by way of example, textbooks, 167 computers, 168 equipment for diagnostic testing, 169 auxiliary services performed away from a sectarian campus, 170 standardized exams prepared by state officials, 171 expenses for grading state-prepared exams, 172 fees to an interpreter attending classes with a student at a religious school, 173 buildings in which only secular activities are conducted or secular subjects are taught, 174 and other miscellaneous expenditures on behalf of private religious schools because these forms of aid advance only the “secular” character of education and thus are not endorsements of religion. Programs that provide benefits that might be used for promoting or advancing religion, however, such as teacher stipends, 175 open-ended subsidies that might be used to purchase religious texts or erect religious statues, 176 reimbursements to parents sending their children to religious schools, 177 salaries for teachers to teach in a “community education” program conducted at their own parochial school campus, 178 or funds to finance field trips in which religious instruction might take place, 179 have been held unconstitutional. The Supreme Court subsequently moved even further from its original “no-aid” approach in a series of cases that highlighted the principles of “evenhanded neutrality” Board of Education v. Allen, 392 U.S. 236 (1968). Mitchell v. Helms, 530 U.S. 793 (2000). 169 Levitt v. Pearl, 413 U.S. 472 (1973). 170 Wolman v. Walter, 433 U.S. 229 (1977). 171 Levitt v. Pearl. 172 Wolman v. Walter. 173 Zobrest v. Catalina Hills, 509 U.S. 1 (1993). 174 Tilton v. Richardson, 403 U.S. 672 (1971); Roemer v. Board of Public Works of Maryland, 426 U.S. 736 (1971); and Hunt v. McNair, 413 U.S. 734 (1973). 175 Lemon v. Kurtzman, 403 U.S. 602 (1971). 176 Pearl v. Nyquist, 413 U.S. 756 (1973). 177 Ibid. 178 Grand Rapids v. Ball, 473 U.S. 373 (1985). 179 Wolman v. Walter, 433 U.S. 229 (1977). 96 167 168

and “private choice.” An increasingly conservative Court, led by Chief Justice William Rehnquist, began formulating in the 1980s a softer approach to aid to religious educational institutions that deepened further the concept of cooperation between the sacred and the secular. The Court seized upon the idea that if government sought to benefit educational institutions in a neutral, even-handed way in which religious recipients were not favored over nonreligious recipients, then there was no advancement of religion that might violate the Establishment Clause. Thus in Mueller v. Allen (1983), 180 the Court approved a Minnesota statute that granted tax deductions to taxpayers for most kinds of educational expenses. The benefit was available to parents of students attending all public and private schools. It mattered not, as noted by four dissenters, that the major deduction was for private school tuition which was not enjoyed by public school parents, nor that 96% of the attendees of private schools were enrolled in sectarian schools. The structure of the benefit package was such that the deductions allowed were available to all parents. This “evenhanded” structure provided “equal treatment” across the board and thus did not offend the Constitution. According to the Court, programs “that neutrally provide state assistance to a broad spectrum of citizens [are] not readily subject to challenge under the Establishment Clause.” 181 The Court developed further this principle in Zobrest v. Catalina Hills. 182 There James Zobrest, a deaf student, wanted to attend a Catholic high school in Tucson, Arizona. Public school officials determined that a federal statute, the Individuals with Disabilities Educational Act, which made various kinds of aid to disable students available no matter what kind of school the student attended, authorized payment for an interpreter for Zobrest who would attend all classes with him. The aid was challenged as an unconstitutional advancement of religion, but the Court eventually held that because Zobrest could choose any school to attend, public or private, the legislation was “evenhanded” and nondiscriminatory, thus the expense for the interpreter was permissible. The Court also deemed it important that Zobrest made a “private choice” to attend a Catholic school; therefore the legislature was not deemed to be influencing his decision or favoring or advancing religion in any way. Advancing the same principles of evenhanded neutrality and private choice, the Court subsequently held in Mitchell v. Helms 183 that if a state school system distributes federal funds to a range of both public and private schools that apply for the funds, the Establishment Clause is not violated since there is no predetermined outcome of how the funds will be distributed. A plurality of justices held that the expenditures must be for activities that are secular on their face without regard to potential divertibility to religious Mueller v. Allen, 463 U.S. 388 (1983). Ibid. at 398-99. 182 Zobrest v. Catalina Hills, 509 U.S. 1 (1993). 183 Mitchell v. Helms, 530 U.S. 793 (2000). 180 181

use or whether the funding was direct (to the schools rather than the students) rather than indirect. Justice Sandra Day O’Connor objected on the basis that “the plurality opinion foreshadows the approval of direct monetary subsidies to religious organizations, even when they use the money to advance their religious objectives.” 184 A subsequent case, Zelman v. Simmons-Harris, 185 held that a state statute providing voucher funds to Cleveland, Ohio students who wished to attend a school other than their own was not a violation of the Establishment Clause since the students could choose among an array of public, private, religious, community, or charter schools. It was irrelevant that 96% of the students enrolled in sectarian, mostly Catholic, schools. The doctrines of evenhandedness and private choice now seem fairly well imbedded in the Supreme Court’s church-state jurisprudence. But the decisions supporting the doctrines are relatively new, not universally accepted by all of the Court members, and controversial in a nation that traditionally has stood on the side of the separation of church and state. As Flowers, Rogers and Green note, these decisions are certain to lead to a higher incidence of government funding of religious institutions in the near future, 186 but it is also possible that the Court will continue to search for a more nuanced balance among its disparate versions of cooperation between the secular and the sacred. Conclusion The American experiment in separating church and state is, to say the least, highly controversial. The fundamental drive to merge church and state, to ground political life in the “other,” a tendency feverishly characteristic of all societies throughout human history, continues to energize a large segment of the American population. Mostly conservative Christians, this segment of America has since the 1970s increasingly become a major political force in America. Often labeled the Religious Right, this sector of the U.S. citizenry frequently chafes at court rulings that restrict prayer in the public schools and limits public financial aid to religious institutions. The Religious Right seeks merely to “unify” American around a common set of Christian beliefs and practices, but more liberal elements of the American population frequently criticize them for behavior that sometimes fails to respect and protect diversity, as seen, for example, in the public schools. These more liberal critics also seek unity among American citizens, but they

Ibid. at 847. For further analysis of the Helms case, see Derek H. Davis, “The U.S. Supreme Court as Moral Physician: Mitchell v. Helms and the Constitutional Revolution to Reduce Restrictions on Governmental Aid to Religion,” Journal of Church and State 43 (Spring 2001): 213-33. It is further discussed in Flowers, Rogers, and Green, Religion and the Supreme Court, 568-71. 185 Zelman v. Simmons-Harris, 536 U.S. 639 (2002). 186 Flowers, Rogers, And Green, Religion and the Supreme Court, 571. 98 184

seek it under a different banner, under a different set of core beliefs that respects diversity of religious belief. Church-state cases that affect education are hotly contested and usually confusing in their outcomes to many American citizens. But however one analyzes these cases, it remains clear that church-state separation, as defined principally by the U.S. Supreme Court, has helped to keep the educational process in the United States free of sectarian clashes and thus highly successful in promoting the notion of a common citizenry.

Gregor Celestina, Religious Education at Diocesan Classical Gymnasium Religion and culture is a compulsory subject at Diocesan Classical Gymnasium. The course consists of 70 lessons per year in the first two years and 35 lessons per year in the 3rd and the 4 th year. It is taught by Catholic priests who have also written textbooks for each year. In the first year religion as such is not discussed yet. Instead, teachers and students explore the question of identity (WHO AM I?). Emphasis is put on man’s uniqueness and man is defined as a social being. The following topics are covered: • What science and media tell about man • Emotions and temperament • Friendship and love • My body and me as a sexual being • Talents and values In the second year another question is added: WHERE DO I COME FROM? and WHERE AM I HEADED? Topics are basically existential, inclusive and holistic. Discussions are open for different points of view. Topics cover: • Looking for happiness and the meaning of life • Relation between science and religion • Bible as a book that fundamentally inspired European culture and society o creation and dignity of man o original sin and its consequences o human search for the salvation and divine redemption In the third year religion is viewed as a companion in searching for the meaning and happiness in life. Religions are looked upon from the social point of view. Topics: • Historical religions (old Greek, old Roman, Egyptian) • Three monotheisms: o Judaism o Christianity (Orthodox, Catholic, Protestant) o Islam • Polytheisms: Hinduism, Buddhism, Confucianism • New ways of life and the New Age movement Different religions are compared and similarities and differences are discussed. 100

By now the students are mature enough to be able to use the knowledge acquired in the previous three years in forming their own ethnical views. In the fourth year topics cover: • Personal decision for faith and life style • Catholic sacraments of baptism, confirmation and marriage • Everybody’s ethical responsibility • Bioengineering • Ecology, responsibility towards nature and society They try to make progress in open discussions and see different points of view. That helps students to set standards for the decisions they will have to make in life. Religion and culture is a subject that helps students generate holistic view on knowledge acquired in other subjects. It allows the growth of their personal, social and spiritual identity. It helps students develop criteria by which they can choose their own lifestyle. Religion and culture is by all means an essential part of the Diocesan Classical Gymnasium curriculum.

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Andrej Naglič 187, Primerjava avtonomne in državnopravne ureditve vzgoje in izobraževanja kot dejavnosti cerkva in drugih verskih skupnosti Povzetek: prispevek odkriva izraze vzgoje in izobraževanja v dejavnosti cerkva in drugih verskih skupnosti, kot je določena v njihovi avtonomni ureditvi. Sooča jih z omejitvami, ki jih postavlja državnopravna ureditev. Na ta način prispevek opozarja na omejevanje pravice do svobodnega delovanja cerkva in drugih verskih skupnosti v Sloveniji. Ključne besede: cerkve in druge verske skupnosti, vzgoja in izobraževanje, svoboda delovanja, svoboda vesti in veroizpovedi. Abstract: the article is examining expressions of education and upbringing in the activities of the churches and other religious communities as they are defined within their autonomous constitution. These are confronted with the limitations posed by the state legal constitution. The article thus draws attention to the infringement of the right to Freedom of Religious Activities of churches and other religious communities in Slovenia. Key Words: Churches and Religious Communities, Education, Freedom of Religious Activities, Freedom of Conscience and Religion. 1. Uvod Pravica do svobode vesti oziroma veroizpovedi, ki jo ureja 41. člen URS, se na kolektivni ravni uresničuje preko 7. člena URS. Ta cerkvam in drugim verskim skupnostim v Republiki Sloveniji (RS) zagotavlja avtonomijo notranje organiziranosti in svobodo delovanja. Usklajenost avtonomne in državnopravne ureditve ima torej vpliv na uživanje človekove pravice do svobode vesti oziroma veroizpovedi. 2. Avtonomna ureditev Po podatkih štetja prebivalstva iz leta 2002 med najštevilčnejše verske organizacije v RS spadajo Katoliška, Pravoslavna, Evangeličanska in Muslimanska (Čepar 2008, 121). Te monoteistične veroizpovedi imajo skupne korenine v Judovski odrešenjski zgodovini. Temeljni pravni akti in ostale priloge, ki so jih verske organizacije dolžne predložiti zahtevi za registracijo v RS (ZVS, 14), vsebujejo navedbo zunanjih izrazov dejavnosti cerkva in drugih verskih skupnosti. Ti mdr. urejajo področje vzgoje in izobraževanja.

Mag. Andrej Naglič, univ. dipl. prav., doktorand Teološke fakultete Univerze v Ljubljani 102 187

2.1. Katoliška cerkev ZCP področje vzgoje in izobraževanja ureja pod pojmom učiteljska služba. Zunanji izrazi učiteljske službe so oznanjevanje nauka, ki je strnjen v Katekizmu Katoliške Cerkve (ZCP, 762‒772); katehetska vzgoja (773‒780); misijonarjenje (781‒792); upravljanje verskih šol (793‒821); in uporaba medijev (822‒832). 2.2. Srbska pravoslavna cerkev USPC vzgojo in izobraževanje povzema v okviru tolmačenja pravoslavnega verskega nauka, ki je vsebovan v Svetem pismu, Svetem izročilu in odločitvah ekumenskih shodov in krajevnih zborov (USPC, 7; 69); varovanja in branjenja čistosti nauka pravoslavne cerkve (70; 108; 162); pridiganja božje besede in poučevanja župljanov (176); izvajanja verouka v šolah v okviru splošne pravice do vzgoje mladih vernikov, predpisovanja učnih načrtov in programov (69; 176; 226); ustanavljanja bogoslovskih in meniških šol (69; 108; 226); širjenja pravoslavne vere (70); skrbi za napredek verske književnosti (70); in obiskovanja župljanov z namenom pastoralnega poučevanja (176). 2.3. Evangeličanska cerkev UEC in SEC področje vzgoje in izobraževanja v dejavnost cerkve vnaša pod pojmom oznanjevanje evangelija. Zunanje izraze oznanjevanja evangelija je prepoznati v oznanjanju božje besede, kot jo prinaša Sveto pismo, Augsburška veroizpoved, Knjiga Konkordije in Leunberška Konkordija (UEC, preambula; 28; 34); ustanavljanju verskih šol in vzgojno-varstvenih ustanov (2); poučevanju verouka in verskem izobraževanju (6; 28); pripravi mladostnikov na konfirmacijo (28); skrbi za versko vzgojo mladih (28); in celotnem dušnem pastirstvu oziroma pastoralnem delu (34; 35). 2.4. Islamska skupnost SIS vzgojo in izobraževanje ureja pod pojmom vzgojno-izobraževalna in strokovna dejanja. Zunanji izrazi vzgojno-izobraževalnih in strokovnih dejanj so učenje vere, verouk in versko usposabljanje v skladu z vsebino Korana in Sunneta (SIS, 3; 5; 34; 47; 98; 101); versko in moralno vzgajanje (5; 98); verska in kulturno-izobraževalna dejavnost (3; 5); ohranjanje islamskih vrednot in morale v družini (5); ohranjanje islamske zavesti, morale in človeškega dostojanstva (5); razvijanje islamske kulture in tradicije v duhovnem in materialnem življenju (5); predstavljanje islama kot vere in islamske zgodovine, kulture in civilizacije (5); ustanavljanje, izgradnja in vzdrževanje verskih šol in drugih vzgojno-izobraževalnih organizacij in ustanov (5); in distribucija in prodaja verske literature in verskega tiska (101). 103

2.5. Judovska skupnost SJS področje vzgoje in izobraževanja ureja pod zunanjimi izrazi negovanja judovske identitete (SJS, 5); aktivnosti na področju judovske kulture in izobraževanja (5); izobraževanje otrok in mladine (5); nasprotovanja asimilaciji judovske skupnosti (5); in ohranjanja spomina na holokavst (5). 3. Državnopravna ureditev Delovanje cerkva in drugih verskih skupnosti na področju vzgoje in izobraževanja državnopravna ureditev normira na ustavnem, mednarodnem, zakonskem in podzakonskem nivoju. 3.1. Ustavnopravna ureditev Cerkvam in drugim verskim skupnostim je zagotovljeno ustanavljanje in upravljanje šol vseh vrst in stopenj, dijaških in študentskih domov in drugih izobraževalnih in vzgojnih ustanov (Rm-1/02); in izvajanje izobraževalne dejavnosti (U-I-111/04). 3.2. Mednarodnopravna ureditev Ponovljena je zagotovitev pravice cerkva in drugih verskih skupnosti do ustanavljanja in upravljanja šol vseh vrst in stopenj, dijaških in študentskih domov in drugih izobraževalnih in vzgojnih ustanov (BHSPV, 10/1). 3.3. Zakonska ureditev Delovanje na področju vzgoje in izobraževanja je cerkvam in drugim verskim skupnostim omogočeno z razvijanjem vzgojnih in izobraževalnih dejavnosti s področja socialne države (ZVS, 5/1); versko-izobraževalnimi dejavnostmi (7/2); in veroukom ali konfesionalnim poukom religije s ciljem vzgajati za religijo in pouk, pri katerem o vsebinah, učbenikih, izobraževanju učiteljev in primernosti posameznega učitelja za poučevanje odloča verska organizacija (ZOFVI, 72/4). 3.4. Podzakonska ureditev Sporazumi med Vlado RS in posameznimi cerkvami in drugimi verskimi skupnostmi na področju vzgoje in izobraževanja tem omogočajo ustanavljanje izobraževalnih in vzgojnih ustanov, dijaških in študentskih domov in drugih podobnih ustanov (Čepar 2008, 89‒ 113). 104

Klasifikacija proizvodov po dejavnosti, ki je obvezen standard za evidentiranje, zbiranje, analiziranje in izkazovanje podatkov o proizvodih za statistične in evidenčne namene in je usklajen z Osrednjo klasifikacijo proizvodov v mednarodnem sistemu ekonomskih klasifikacij Združenih narodov, pod šifro 94.91.10 delovanje cerkva in drugih verskih skupnosti na področju vzgoje in izobraževanja opredeljuje kot pouk v cerkvah, mošejah, templjih, sinagogah in drugih mestih, namenjenih verskim obredom (CPA). Skladno s CPA pa določenih izobraževalnih storitev ni mogoče šteti kot izključne storitve cerkva in drugih verskih skupnosti. Izvzete izobraževalne storitve obsegajo predšolsko vzgojo (vrtce ali posebne enote v sklopu osnovnih šol); primarno izobraževanje (javno veljavne programe osnovnošolskega izobraževanja); sekundarno izobraževanje (programe splošnega srednješolskega izobraževanja kot so gimnazije in poklicno izobraževanje); terciarno izobraževanje (višje strokovno in visokošolsko); izobraževanja na področju športa in rekreacije (storitve šol za različne športe in storitve samostojnih športnih inštruktorjev, učiteljev in trenerjev); izobraževanja na področju kulture (plesno izobraževanje v glasbenih in podobnih šolah; storitve inštruktorjev za upodabljajoče umetnosti in razne tečaje, kot je dramski ali fotografski); drugo izobraževanje (poučevanje tujih jezikov in konverzacije, računalniško poučevanje, inštruiranje in pomoč pri učenju, usposabljanje reševalcev, tečaj prve pomoči, poučevanje hitrega branja, tečaj preživetja, usposabljanje za nastopanje v javnosti, tečaj za turistične vodiče in tečaj na področju zdravilstva in alternativne medicine); in pomožne storitve za izobraževanje (svetovanje o izobraževanju; izvajanje in ocenjevanje preizkusov znanja in izvajanje preverjanja in potrjevanja nacionalnih poklicnih kvalifikacij; izvajanje mojstrskih, delovodskih in poslovodskih izpitov ter organizacija programov za izmenjavo študentov). 4. Sklep Izhajajoč iz določb avtonomne ureditve cerkva in drugih verskih skupnosti je na področju vzgoje in izobraževanja skupni interes Katoliške, Pravoslavne, Evangeličanske, Muslimanske in Judovske skupnosti svoboda javnega in zasebnega oznanjevanja lastnega verskega nauka v skladu z lastnimi temeljnimi viri (ZCP; USPC; UEC; SEC; SIS; SJS); in ustanavljanje in upravljanje lastnih vzgojnih in izobraževalnih zavodov (samo SJS tega izrecno ne navaja). Pri tem Pravoslavna skupnost neposredno izpostavlja pravico do izvajanja lastnega verskega nauka v vzgojnih in izobraževalnih zavodih javnega programa (USPC). Državnopravna ureditev predstavlja določeno omejitev svobode delovanja cerkva in drugih verskih skupnosti na področju vzgoje in izobraževanja. Zakonska raven prepoveduje oznanjevanje verskega nauka v vzgojnih in izobraževalnih zavodih javnega 105

programa (ZOFVI) oziroma je to z ureditvijo na podzakonski ravni praktično izključeno iz sfere javno veljavnih vzgojno-izobraževalnih programov vseh vrst in stopenj (CPA). Takšna državnopravna ureditev je ustavnopravno sporna, saj je cerkvam in drugim verskim skupnostim na ustavni ravni zagotovljena pravica do izobraževalne dejavnosti (U-I-111/04). Opisana državnopravna ureditev bi bila lahko tudi sistemsko neskladna, ker je cerkvam in drugim verskim skupnostim na zakonski ravni podeljena pravica do razvijanja vzgojnih in izobraževalnih dejavnosti s področja socialne države (ZVS, 5/1). 5. Reference 5.1. Viri Katekizem katoliške Cerkve. 1993. Ljubljana: Slovenska škofovska konferenca. Klasifikacija proizvodov po dejavnosti (CPA). Uradni list RS, št. 70/2000. Odločba Ustavnega sodišča Republike Slovenije Rm-1/02 z dne 19. 11. 2003 (Rm1/02). Uradni list RS, št. 118/03. Odločba Ustavnega sodišča Republike Slovenije U-I-111/04 z dne 8. 7. 2004 (U-I111/04). Uradni list RS, št. 77/04). Statut Islamske skupnosti v Republiki Sloveniji (SIS). V: arhiv Urada za verske skupnosti. Statut Judovske skupnosti Slovenije (SJS). V: arhiv Urada za verske skupnosti. Temeljni akt Srbske pravoslavne cerkve Metropolije Zagrebško-Ljubljanske in Ustava Srbske pravoslavne cerkve (USPC). V: arhiv Urada za verske skupnosti. Ustava (UEC) in Statut (SEC) Evangeličanske cerkve augsburške veroizpovedi v Republiki Sloveniji. V: arhiv Urada za verske skupnosti. Ustava Republike Slovenije (URS). Uradni list RS, št. 33/91, 42/97, 66/00, 24/03, 69/04, 68/06. Zakon o organizaciji in financiranju vzgoje in izobraževanja (ZOFVI). Uradni list RS, št. 16/07.

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Zakon o ratifikaciji Sporazuma med Republiko Slovenijo in Svetim sedežem o pravnih vprašanjih (BHSPV). Uradni list RS-MP, št. 4/04. Zakon o verski svobodi (ZVS). Uradni list RS, št. 14/07. Zakonik cerkvenega prava (ZCP). 1999. 2. izd. Ljubljana: Družina. 5.2. Literatura Čepar, Drago (ur.). 2008. Država in vera v Sloveniji. Ljubljana: Urad Vlade Republike Slovenije za verske skupnosti.

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Simon Umek 188, Prohibition on Religious Education in Slovenia in Contradiction with the European Concept of Freedom of Religion I. Introduction In spring 2010 the Slovenian school authorities (school inspection) made a decision to prohibit public school lectures in classroom of the catholic rectory in the village Polica pri Grosupljem. Because of the lack of space in local public schools the rectory offered a rent-free classroom. The main reason for the decision of the inspection was the presence of a cross above the blackboard in the classroom. At the same time the Grand Chamber of the European Court of Human Rights in Strasbourg was requested to refer to the case Lautsi v. Italy. In that case a first instance senate of the Court (Chamber) reached the decision, that the sign of the cross or any other religious symbol violates freedom of religion [i.e. negative aspect of the freedom of religion] and the confessional neutrality of the State in public schools. 189 The Court explained that “the State has a duty to uphold confessional neutrality in public education, where school attendance is compulsory regardless of religion, and which must seek to inculcate in pupils the habit of critical thought. The Court considers that the compulsory display of a symbol of a particular faith in the exercise of public authority in relation to specific situations subject to governmental supervision, particularly in classrooms, restricts the right of parents to educate their children in conformity with their convictions and the right of schoolchildren to believe [i.e. positive aspect of freedom of religion] or not believe [i. e. negative aspect of freedom of religion]. It is of the opinion that the practice infringes those rights because the restrictions are incompatible with the State's duty to respect neutrality in the exercise of public authority, particularly in the field of education.” In the case Ms. Soile Lautsi (“the applicant”) alleged that the display of the sign of the cross in the classrooms of the Italian public school attended by her children constituted interference incompatible with freedom of belief and religion and with the right to education and teaching in conformity with her religious and philosophical convictions. Nevertheless, the Italian Administrative Court decided that the sign of the cross in Italy is a symbol of Italian history and culture, of the Italian identity. The applicant brought a suit to the European Court of Human Rights maintaining that Italian domestic law violates freedom of belief and religion and is against the principle of state neutrality in the field of education. Against the Chambers decision, because of the importance of the question of interpretation and application of the European Convention of Human Rights, the Simon Umek is lawyer at the Ministry of Justice of the Republic of Slovenia and Secretary General at the catholic Faculty of Bussiness Studies. 189 Judgement ECHR in case Lautsi and others v. Italy, No. 30814/06, November 3, 2009. 108 188

request for referring the case was lodged to the Grand Chamber of the Court. 190 In 2011 the Grand Chamber rendered an award, which has, despite the diametrically opposed positions of the parties, marked off borders of the positive and negative aspect of freedom of religion and the scope of the principle of neutrality on the field of education. II. Final decision of the Grand Chamber in the case of Lautsi v. Italy 191 The Grand Chamber of the European Court of Human Rights reached a decision, fifteen of seventeen judges voted for, that a regulation of a sign of the cross in public schools is in the margin of appreciation of the member state. 192 From the judgment grounds it is obvious that there is no unique regulation or even practice throughout the Council of Europe member states. 193 The Court explained, in spite the universal Christian symbolism of the cross, that it does not violate the concept of pluralism or per se forbidden indoctrination. 194 From that point of view the sign of the cross does not violate freedom of religion or better, it does not interfere in the negative aspect of freedom of religion in such a way that the Court must not use the doctrine of the margin of appreciation. The Court decided that “there is no evidence that the display of a religious symbol on classroom walls may have an influence on pupils and so it cannot reasonably be asserted that it does or does not have an effect on young persons whose convictions are still in the process of being formed. However, it is understandable that the first applicant might see in the display of crucifixes in the classrooms of the State school formerly attended by her children a lack of respect on the State's part for her right to ensure their education and teaching in conformity with her own philosophical convictions. Be that as it may, the applicant's subjective perception is not in itself sufficient to establish a breach of Article 2 of Protocol No. 1. 195 Regarding the parents’ right to ensure such education and teaching in conformity with their own religious and philosophical convictions the Court decided that the regulation of State must be within the margin of appreciation. “Nevertheless, the requirements of the notion of “respect”, which appears also in Article 8 of the Convention, vary considerably from case to case, given the diversity of the practices followed and the situations obtaining in the Contracting States. As a result, the Contracting States enjoy a wide margin of appreciation in Gomien, D: Kratek vodič po Evropski konvenciji o človekovih pravicah, 2009, p. 139. Judgement ECHR in case Lautsi and others v. Italy, No. 30814/06, March 18, 2011. 192 Judgement ECHR in case Lautsi and others v. Italy, No. 30814/06, March 18, 2011, item 70 of the judgement grounds. 193 Ibidem. 194 Ibidem, item 71 of the judgement grounds. 195 Judgement ECHR in case Lautsi and others v. Italy, No. 30814/06, March 18, 2011, item 66 of the judgement grounds. 109 190 191

determining the steps to be taken to ensure compliance with the Convention with due regard to the needs and resources of the community and of individuals. In the context of Article 2 of Protocol No. 1 that concept implies in particular that this provision cannot be interpreted to mean that parents can require the State to provide a particular form of teaching. That applies to organization of the school environment and to the setting and planning of the curriculum (as the Court has already pointed out: see essentially the judgments cited above in the cases of Kjeldsen, Busk Madsen and Pedersen, 196 Folgerø 197 and Zengin 198). The Court therefore has a duty in principle to respect the Contracting States' decisions in these matters, including the place they accord to religion, provided that those decisions do not lead to a form of indoctrination.” 199 At this point I have to stress that indoctrination can not be understood only as a manner within the wide diapason of forcing faith or religion or forcing someone to become a member of a religious community, but also as a manner of forcing someone into atheism or forcing secularism. 200 The Court has decided that freedom of religion does not prevent imparting through teaching or education information or knowledge of a directly or indirectly religious or philosophical kind. 201 It does not even permit parents to object to the integration of such teaching or education in the school curriculum. Regarding the estimation about violation of the principle of neutrality the Court accepted that a cross on a wall is an essentially passive symbol. It cannot be deemed to have an influence on pupils comparable to that of didactic speech or participation in religious activities (see on these points Folgerø and Zengin). The Court has exposed that, in its judgment from 3rd November 2009, the Chamber agreed with the submission that the display of a cross on a wall in a classroom would have a significant impact on the second and third applicants, aged eleven and thirteen at that time. The Chamber found that, in the context of public education, crosses, which were impossible not to be noticed in classrooms, have been necessarily perceived as an integral part of the school environment and could therefore be considered “powerful external symbols” within the meaning of the decision in Dahlab 202. Because of the different actual situation in this case the Grand Chamber did not agree with the decision from 2009. 203 Judgement ECHR No. 5095/71, No. 5920/72, No. 5926/72, December 7, 1976. Judgement ECHR No. 15472/02, June 29, 2007. 198 Judgement ECHR No. 46928/99, October 28, 2004. 199 Ibidem, item 69 of the judgement grounds. 200 Concurring opinion of Judge Power in the case of Lautsi and others v. Italy, No. 30814/06, March 18, 2011. 201 Judgement ECHR in case Lautsi and others v. Italy, No. 30814/06, March 18, 2011, item 71 of the judgement grounds. 202 Judgement ECHR No. 42393/98, February 15, 2001. 203 Judgement ECHR in case Lautsi and others v. Italy, No. 30814/06, March 18, 2011, item 73 of the judgement grounds. 110 196 197

The Court decided that the effects of the greater visibility which the presence of the crucifix gives to Christianity in schools needs to be further placed in perspective by consideration of the following points. Firstly, the presence of crucifixes is not associated with compulsory teaching about Christianity. Secondly, the State must open the school environment in parallel to other religions. In addition, the applicants in the case did not assert that the presence of the crucifix in classrooms had encouraged the development of teaching practices with a proselytising tendency, or claim that the second and third applicants had ever experienced a tendentious reference to that presence by a teacher in the exercise of his or her functions. 204 III. The Margin of Appreciation Doctrine The European Court of Human Rights usually admits to the State the margin of appreciation, which is analogue to the Doctrine of fundamentality of the Supreme Court of the United States of America, by which the federal court has the jurisdiction only on the violations of fundamental constitutional rights. About the other violations the jurisdiction is at the national courts. 205 From the very beginning, the Court pursuing the balance between temptation to restore clear borders of State intervention in human rights through the interpretation of the Convention and the increasing diversity of cultural, political and religious circumstances, throughout member states endeavour to respect their conventional obligations. The Margin of Appreciation Doctrine is a middle path between both extremes. Through the use of it the State is free to choose the most appropriate way of realizing conventional rights. The Court still has the power to exercise control over the action of the State, but the doctrine enables not to accept the final judicial solution. The State is admitted to restrict rights before the Courts intervention. The Margin of Appreciation Doctrine is an expression of the subsidiary of the European mechanism for the protection of human rights nature through which states are primarily entitled for the protection of human rights. 206 IV. Slovenian Constitutional Court Practice throughout the case No. U-I-68/98 207 and No. U-I-92/07 208

Ibidem, item 74 of the judgement grounds. Zupančič, B. M.: O razlagi sodnih precedensov in sodb ter posebej sodb ESČP, 2004, p. 13. 206 Novak, A.: Križi in težave z razumevanjem odločitve v zadevi Lautsi proti Italiji, Pravna praksa, No. 8, 2012, p. 11. 207 National Gazette of the Republic of Slovenia No. 101/01. 208 National Gazette of the Republic of Slovenia No. 46/10. 111 204 205

The Constitutional Court of Slovenia has in the case No. U-I-68/98, reached on 22nd November 2001, regarding the constitutional review of the Act of organization and financing education in primary and secondary schools 209 estimated admissibility of confessional education in public schools and kindergartens. The Courtâ&#x20AC;&#x2122;s standpoint in this case is that the negative aspect of the freedom of religion forbids the State to force pupils of other religious beliefs or to force agnostic or atheistic pupils to have a specific religion or faith and also forbids the State to prescribe religious education as obligatory for all pupils. The negative aspect of freedom of religion obliges the State with the duty to prevent predomination of one religion over another. The Court decided that in a comparative school law all actions, also indirectly effective, which represent force over freedom which is also not to express any religion or faith or world view, are forbidden. Regarding the indirectly effective actions the Court indicated some examples: Ten Commandments displayed on a panel in the classroom of public schools, prayers and blessing ceremonies at the Matura in public schools, crosses above the blackboards etc. 210 The Court decided that those of already mentioned inhibitions, including the prohibition of crosses in public schools, are grounded on the principle, that no one has the right to demand State support regarding the expression of religion. Due to the Court decision, the State must be neutral, whatever the number of believers. During the lessons the State must avoid indoctrination and must pay full attention that information is provided in an objective, critical and plural way. 211 The Courts decision is based on the decision of the Federal Constitutional Court of Germany in the case 1BvR 1087/91 in BVerfGE 93, 1 on 16th May 1995. The federal Court substantiated the prohibition of crosses in classrooms of public schools on the ground that a cross in a classroom together with the compulsory schooling leads to situation in which pupils are confronted by the State with religious symbols without the possibility to avoid such symbols and further on they are forced to learn under the cross. 212 The federal Court finally decided that the use of crosses in public schools is unconstitutional. 213 The Constitutional Court of Slovenia ascertained that the Slovenian legislator regarding the prohibition of confessional education in public schools and public kindergartens National Gazette of the Republic of Slovenia No. 12/96 and 23/96. Constitutional Court of the Republic of Slovenia in the case No. U-I-68/98, November 22, 2001, item 13 of the judgement grounds. 211 Constitutional Court of the Republic of Slovenia in the case No. U-I-68/98, November 22, 2001, item 13 of the judgement grounds.. 212 German Federal Constitutional Court (das Deutche Bundesverfassungsgericht) in case No. 1BvR 1087/91 in BVerfGE 93, 1, May 16 1995, item 38 of the judgement grounds. 213 Ibidem, item 52 of the judgement grounds. 112 209 210

interfered in the positive aspect of freedom of religion and in the right of parents to ensure such education and teaching in conformity with their own religious and philosophical convictions. Nevertheless, the Court decided that such interventions in the positive aspect of the freedom of religion and the parentsâ&#x20AC;&#x2122; right is allowed and necessary to give an assurance of the negative aspect of freedom of religion of other pupils and parents. 214 The Court also decided that under the Slovenian Constitution the citizens have the right not to have any religion or faith, which creates the Stateâ&#x20AC;&#x2122;s duty to prevent everybody from an enforced confrontation with religious symbols. 215 The Court decided that due to the constitutional provision that establish Slovenia as democratic republic (Article 1 of the Constitution) and on the ground of the Church and State separation provision (Article 7 of the Constitution) the State must provide in public institutions and during the implementation of public services neutrality and prevent domination of one religion over another. The Court finally decided that it is constitutional if the State takes legal actions, which are necessary for the protection of negative aspect of freedom of religion and for achieving neutrality. 216 Regarding the principle of proportionality (Article 2 of the Constitution) the Court decided that the prohibition of any confessional education in public schools is necessary and suitable if such an intervention in the positive aspect of freedom of religion prevents any confrontation of nonbelievers or atheists with religion or faith. Such an intervention is also proportional regarding the criteria of the principle of proportionality. Public schools and public kindergartens are state institutions, financed by the State, and by that reason the symbols of the State. Furthermore, the Court decided that it is legitimate if the provisions of Church and State separation and obligations of State neutrality are strictly implemented. 217 Moreover the Constitutional Court has in the case of U-I-92/07 on 15th April 2010 regarding the constitutional review of the Act of religious freedom 218 decided that despite the decision in the case U-I-68/98 the negative aspect of the freedom of religion can not

Constitutional Court of the Republic of Slovenia in the case No. U-I-68/98, November 22, 2001, item 17 of the judgement grounds. 215 Ibidem. 216 Constitutional Court of the Republic of Slovenia in the case No. U-I-68/98, November 22, 2001, item 17 of the judgement grounds. 217 Ibidem, item 18 of the judgement grounds. 218 National Gazette of the Republic of Slovenia No. 14/07. 113 214

have a priori priority over the positive aspect of freedom of religion. The decision which of those two aspects has the priority depends on the situation. 219 The Court decided that merely a profession of religion or faith or performance of religion or faith can not be accepted as an unconstitutional way of religious confrontation or as the unlawful intervention in the negative aspect of freedom of religion. Visible or audible religious symbols, such as a view of a church or mosque, or singing of a priest in a procession, or ringing church bells can not be seen as a compulsory confrontation with religion. A wider interpretation of the negative aspect of freedom of religion would be incompatible with the constitutional value of a democratic and plural society. 220 Besides this, the Court explicates some examples of unconstitutional intervention in the negative aspect of freedom of religion by relying on the practice of the European Court of Human Rights, as a compulsory oath under the Bible during the procedure for accepting public functions or crosses in public schools. The Court also relied on the practice of the Federal constitutional Court of Germany, which has decided that crosses in public schools are unconstitutional. The Court grounded its decision on the decision of the European Court of Human Rights in the case Lautsi v. Italy from 2009, which has been quashed. 221 Regarding the comprehension of the negative aspect of freedom of religion the Court decided that in public schools and public kindergartens the negative aspect is widely extended because public places in such schools and kindergartens are a manifestation of the State. In public school places, especially in an environment where small children are presented, it is necessary to protect the neutrality of schools, because of its compulsory nature and due to the intention to accelerate a critical way of thinking. 222 V. Legitimacy and Constitutionality of an irrational Interpretation of the Principle of Proportionality regarding the negative Aspect of Freedom of Religion During the interpretation of judicial case and his application to a similar case it is necessary to take into account two rules: firstly, similar case must have similar decision

Constitutional Court of the Republic of Slovenia in the case No. U-I-92/07, April 15, 2010, item 86 of the judgement grounds. 220 Ibidem, item 167 of the judgement grounds. 221 Constitutional Court of the Republic of Slovenia in the case No. U-I-92/07, April 15, 2010, item 167 of the judgement grounds.. 222 Ibidem, item 170 of the judgement grounds. 114 219

and secondly, a precedent is obligatory only if opiter dictum and ratio decidendi of both judgements are grounded on the same legally relevant facts. 223 The European Court of Human Rights has in the case Lautsi v. Italy from 2011 reached a precedent regarding the question, whether crosses in classrooms of public schools are allowed. The Court decided that the answer is in the margin of appreciation of the legislator of each member state. The Court also decided that crosses in public schools and kindergartens do not interrupt the negative aspect of freedom of religion in such a way that the Court should prohibit it or that Court must not use the margin of appreciation doctrine. From my point of view, the Court decided that a cross in public schools does not interrupt the children’s and parents’ negative aspect of freedom of religion in such range that it could be against the conventional protection of human rights. By using a logical method of explanation argumentum a maiore ad minus such a decision means that even the display of the Ten Commandment on a classroom panel or a blessing of classrooms or noncompulsory confessional lessons in public schools for those, who want to attend them etc., can not be defined as unconstitutional intervention in the negative aspect of freedom of religion. The Constitutional Court of Slovenia prohibited everything just mentioned. The European Court of Human Rights decided, that member states have the margin of appreciation regarding the question of cross in public schools and kindergartens. Furthermore, the Court does not allow the margin of appreciation regarding the definition, borders and the proportion between the negative and the positive aspect of the freedom of religion. Consequently, crosses in classrooms of public schools do not violate The European Convention of Human Rights and its provisions of protecting the negative aspect of freedom of religion. The Court decided to keep crucifixes in the classrooms of Italian schools. The Italian authorities must act within the limits of the margin of appreciation in the context of its obligation to respect, in the exercise of the functions it assumes in relation to education and teaching, the right of parents to ensure such education and teaching in conformity with their own religious and philosophical convictions. What is even more important is the standpoint that confrontation of nonbeliever or atheist with religious symbol or with faith or with discussion about God does not establish an unlawful intervention in the negative aspect of freedom of religion. The basic idea from the European Convention of Human Rights is the effective protection of the individual from State power (vertical effectiveness). 224 Through time the Court formed a rule that every state must provide an effective protection of human Zupančič, B. M.: O razlagi sodnih precedensov in sodb ter posebej sodb Evropskega sodišča za človekove pravice, 2004, p. 15. 224 Lampe, R.: Pravo človekovih pravic, 2010, p. 154. 115 223

rights of one person from another (horizontal effectiveness), which is the result of a defensive nature of human rights. 225 In Article 2 the European Convention of Human Rights defines that national laws must protect individuals from illegal interventions of others’ rights. On the one hand the State and others are forbidden to take any kind of action of intervention into the right of parents to ensure such education and teaching of their children which is in conformity with their own religious and philosophical convictions. On the other hand the State must unsure that others will not take any interventions into the right of parents to ensure such education and teaching of their children which is in conformity with their own religious and philosophical convictions (ger. mittelbare Drittwirkung). 226 Despite an indirect effectiveness of the European Convention of Human Rights in the relationships between individuals, it is possible to acknowledge a direct effectiveness of the Convention (ger. unmittelbare Drittwirkung). A citizen can demand from the State a satisfaction because the State did not ensure everything it should to protect the right of parents to ensure such education and teaching of their children which is in conformity with their own religious and philosophical convictions. 227 The State can protect from such liability with the adoption of a proper legislation and with an effective enforcement of such legislation. 228 VI. Conclusion According to the diametrically opposite decision (ratio decidendi) of the European Court of Human Rights and the Slovenian Constitutional Court regarding freedom of religion and the right of parents to ensure education and teaching of their children which is in conformity with their own religious and philosophical convictions, it is necessary to find out whether the Slovenian interpretation of the principle of proportionality regarding the negative aspect of freedom of religion is legitimate and constitutional. The Constitutional Court of Slovenia in the procedure regarding the constitutional review of confessional education in public schools weighted the criteria of the principle of proportionality. Due to the final decision of the Court an absolute prohibition of noncompulsory confessional education in public schools is necessary, convenient and proportional. It is understand as an intervention in the positive aspect of freedom of religion. From that point of view the negative aspect of freedom of religion imposes the State to prevent everybody from a confrontation with any religion, faith or religious Ibidem, p. 145. Lampe, R.: Pravo človekovih pravic, 2010, p. 156–157. 227 Ibidem, p. 157. 228 Ibidem. 116 225 226

symbols. On the other hand it is obvious that the European Court of Human Rights provided the margin of appreciation regarding the relationship between States and religious communities in accordance with democratic principles, but on the other hand the Court did not establish the margin of appreciation regarding the content and the limits of the positive and negative aspect of freedom of religion. 229 Crosses in public schools provide plurality. Plurality of belief is ground for State neutrality. The neutrality on the field of religion is possible only when there is plurality. 230 The European Court of Human Rights has justified its reasons on the ground that there can be no plurality when the absolute prohibition of religious symbols and consequently secularism are confirmed. The only path towards neutrality is with full respect of diversity. The Court found out that diversity in Italian public schools is fully respected due to the permission of wearing nikabs and religious symbols, celebrating the beginning and the end of Ramadan, the possibility that every religious community can organizes noncompulsory religious lessons in public schools etc. If we accept the thesis that the European Court of Human Rights established standards of minimum of freedom of religion, the Slovenian Constitutional Court’s practice violates the European Convention of Human Rights. The absolute prohibition of confessional education in public schools and kindergartens, the absolute prohibition of confrontation with religion or faith which is against the individuals will, the absolute prohibition of religious ceremonies in public schools, the absolute prohibition of any kind of mentioning of God and the absolute prohibition of noncompulsory religious education in public schools regarding the decision of the European Court can not be legitimate and constitutional. Bibliography: 1) Arhar, F. … et al., Šturm, L. (editor): Commentary of the Constitution of the Republic of Slovenia (Komentar Ustave Republike Slovenije), Fakulteta za državne in evropske študije, Kranj, 2002. 2) Gomien, D.: Short Guide to the European Convention on Human Rights (Kratek vodič po Evropski konvenciji o človekovih pravicah), Ministrstvo za pravosodje, Ljubljana, 2009. 3) Kavčič, I., Grad, F.: Ustavna ureditev Slovenije, Gospodarski vestnik, Ljubljana, 1999. Concurring opinion of Judge Bonello in case Lautsi and others v. Italy, No. 30814/06, March 18, 2011. 230 Murray, W. J.: Let Us Pray, 1995, p. 29–53. 117 229

4) Lampe, R.: Pravo človekovih pravic, Uradni list RS, Ljubljana, 2010. 5) Murray, W. J.: Let Us Pray, Gospel Films, Inc, 1995. 6) Novak, A.: Križi in težave z razumevanjem odločitve v zadevi Lautsi proti Italiji, Pravna praksa, No. 8, 2012 7) Ribičič, C.: Evropsko pravo človekovih pravic – izbrana poglavja, Pravna fakulteta v Ljubljani, Ljubljana, 2007. 8) Robbers, G.: State and Church in the European Union, sec. ed., Nomos Verlagsgesellschaft, Baden-Baden, 2005. 9) Zupančič, B. M.: O razlagi sodnih precedensov in sodb ter posebej sodb Evropskega sodišča za človekove pravice, Revus, 2004.

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