Snip of headline in the Herald: "Catholic Church in blast at threat to religious teaching".

What the religious establishment gets wrong about the new religious observance bill

Joe Higgins, Policy and Campaigns Officer

December 17, 2024

The Catholic Church’s reaction to the new bill on religious observance made the front page of The Herald this week. Bishops have slammed the Scottish government’s proposals as a “threat” to denominational schools. Unsurprisingly, their critiques are unfounded, as our policy and campaigns officer Joe Higgins explains.

As Humanist Society Scotland reported back in November, the Scottish government has published a new proposal on children’s right to opt out of religious education (RME) and religious observance (RO) at school. Ministers say their bill will ensure the law is compliant with the UN Convention on the Rights of the Child (UNCRC). Following our own response, the Catholic Bishops’ Parliamentary Office has now waded in with a scathing critique of the government’s plans. But what are their concerns?

Withdrawal from RO legal for 152 years

First and foremost, the Bishops assert that the bill would give school pupils the right to withdraw from religious education lessons in an attempt to “erode Catholic identity in Scotland”. Professor of Religious and Philosophical Education James Conroy goes further, claiming these proposals have been spearheaded by “a cohort of anti-religious and anti-catholic civil servants in the Scottish Government”.

However, what the article neglects to mention is that the right to withdraw from religious lessons has always existed in Scotland. The Scottish Education Act of 1872, which established a national system of compulsory schooling, first included a provision allowing parents to opt their children out of religious education and religious observance (worship).

If passed, the bill would not reform the 152-year-old opt-out system, but simply place existing guidance that asks schools to be mindful of pupils’ views on religious observance into legislation covering RO and RME. No school, denominational or otherwise, would be compelled to adapt their RME or RO provision on the back of pupil feedback. Furthermore, all schools in Scotland have been asked to follow this guidance since it was introduced in 2017.

In an increasingly secular and religiously diverse country, the requirement for all schools to provide religious observance gives primacy to the Christian faith and constrains teachers’ ability to properly include every pupil.

RO and religious education: the differences

On the topic of religious education itself, us humanists have (almost) found ourselves in a rare moment of agreement with the Catholic establishment. Religious and Moral Education – if delivered inclusively and without favour to any single religion – is a valuable part of the school curriculum. It helps children and young people understand the diversity of faiths, beliefs, and perspectives around them, breaking down barriers and reducing stigma between communities. In our view, an inclusive and balanced RME should not be an opt-out subject, whether that be from parents or pupils themselves.

This focus on RME is likely an attempt to distract from a much bigger issue: the role that compulsory religious worship (or observance) continues to play in Scotland’s schools. Avoiding the conflation of RME and RO is important. Teaching and proselytising are not the same and shouldn’t be treated as such in the law. In an increasingly secular and religiously diverse country, the requirement for all schools to provide religious observance gives primacy to the Christian faith and constrains teachers’ ability to properly include every pupil.

Whether the Catholic establishment likes it or not, forcing young people as old as 17 to worship at school against their wishes and beliefs constitutes a breach of their human rights.

Respect children’s rights!

This is why we’re calling on the Scottish government to give all young people the choice to opt-out of religious observance, including those attending denominational schools. As we continue to highlight, reserving ultimate decision-making power to parents amounts to a breach of young people’s right to be heard (Article 12) and freedom of thought, religion and belief (Article 14) under the UNCRC.

Professor Conroy is quoted in the article as saying there has been no demand from the UN for Scottish ministers to make these changes. He’s partly correct. The UN Committee on the Rights of the Child hasn’t recommended that schools consider young people’s views on religious education and religious observance. They’ve demanded that the Scottish Government goes much further and repeals the legislation on compulsory religious worship, ensuring all school pupils have the right to opt-out without parental consent.

As young people grow up and form their own beliefs and perspectives, many who attend denominational schools may no longer identify with the faith they grew up in. This is their right and it should be respected by the powers that be. The truth is this: neither parents nor teachers can compel school children to adopt their doctrinal beliefs. And whether the Catholic establishment likes it or not, forcing young people as old as 17 to worship at school against their wishes and beliefs constitutes a breach of their human rights.

As a society dedicated to championing secularism and personal autonomy, we’ll continue to make the case for a fully inclusive RME curriculum in all of Scotland’s schools and the right of all school pupils to withdraw from religious worship. It’s high time that children and young people’s views, choices and beliefs were fully respected at school.

If you’re with us, help us. Use our guide below for responding to the Scottish government’s consultation on religious observance.

Use our guide to respond to Scottish government RO consultation