Fraser was giving evidence to the Holyrood equalities, human rights and civil justice committee, as part of the Scottish Parliament’s scrutiny of the religious observance bill.
Our CEO Fraser Sutherland appeared at a meeting of the Holyrood equalities committee this morning (30 September). During the session, he made the case for allowing school pupils to independently opt-out of religious worship. The committee is currently taking evidence on a bill that seeks to reform opt-out rights for religious observance (RO) and religious education (RE) in schools.
Fraser answered questions on the experience of non-religious pupils navigating RO at school, the conflation of RO and RE in legislation, and whether the proposed law would comply with the UN Convention on the Rights of the Child.
New Bill will create a ‘hierarchy of belief’ in schools
Currently, schools in Scotland are required to provide acts of religious observance on a “sufficiently frequent” basis. Parents and guardians have always had the right to withdraw their children from RO and RE. However, pupils have no equivalent right to opt themselves out.
In the case of the RO, the status-quo has been repeatedly criticised by the Scottish Children’s Commissioner and the UN children’s committee. Both organisations are clear that withholding the right to withdraw from pupils amounts to a breach of their freedom of belief (UNCRC Article 14) and right to be heard (Article 12).
Under the Bill, pupils would be given a new independent right to opt in to RO and RE if a parent tried to withdraw them. But non-religious pupils who don’t feel comfortable taking part in RO will still need their parent’s permission to opt out.
In his evidence to the committee, Fraser warned that the Bill risks “creating a hierarchy of beliefs” that empowers religious children but fails to respect the views of non-religious pupils. He also criticised the conflation of religious education (a critical, balanced and objective part of the school curriculum) with religious observance (acts of worship) in the Bill and called for the removal of all withdrawal rights for RE.
During the session, Fraser highlighted testimonies from Humanist Society Scotland report, Preaching is not Teaching. The report found that RO is exclusively Christian and worship-based in many non-denominational schools. In one example, a parent learned their daughter had been forced to take part in monthly prayer assemblies led by a brethren preacher without any prior knowledge or consent.
Lawyers and academics united in support for pupil opt-out
Fraser’s evidence session was followed by a panel of legal and academic experts. This included representatives from the Scottish Human Rights Commission (SHRC), UNICEF UK and the Law Society of Scotland.
The panel questioned why Ministers have chosen to ignore the longstanding recommendation of the UN Children’s Committee to allow pupils to independently opt out of RO. In doing so, the witnesses all agreed that the current proposals fail to comply with the UN Convention on the Rights of the Child (UNCRC). This is despite a commitment from First Minister John Swinney to “incorporate the rights set out in the UNCRC in full and directly in every case possible”.
Following his committee appearance, Fraser said:
“Today’s evidence session once again made clear what Humanist Society Scotland has argued for many years – that young people deserve their own, independent right to opt out of compulsory religious observance. Expert witnesses in law and human rights echoed this call, underlining that the current system is out of step with Scotland’s obligations and with respect for children’s rights. The Scottish Parliament now has the opportunity – and the responsibility – to put this right.”
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