Legitimization of Religious Symbols in the Education - Development towards Pluralism or Secularism

The author compares the legal system in Germany, England and France, addressing the legitimacy of the prohibition on religious symbols in public education. The safeguarding of religious freedom varies in each of the states. The work considers whether European solution regulating the display of religious symbols in public schooling is possible.

The author compares the legal system in three European countries: Germany, England and France, addressing the legitimacy of the prohibition on religious symbols in public education.

For assessment of the legal position of the right to religious freedom and the safeguard offered to religious rights in the different states, the author analyzed the following parameters: state-church relations, identification of unique and central constitutional norms and principles, observation of the historical role and position of religion in the educational system of each of the states and a review of case laws delivered by domestic courts.

Finally, the author considered the possibility of a unified, aligned European solution that will be enforceable on the member states by virtue of their obligation to abide by the European Convention on Human Rights.

Autorentext

Niran Hen graduated in the faculty of law at Bar Ilan University, Israel. She then practiced as a litigator and worked as a lawyer in law offices in Tel-Aviv. She post-graduated her doctoral degree in the law faculty of the Johann Wolfgang Goethe University, Frankfurt am Main.

Inhalt

Religious neutrality of the state School system under supervision of the state Educational right of parents Display of Crucifix in state classrooms Negative and positive right to religious freedom Legal framework of the federal states Bavaria Baden-Württemberg Berlin North - Rhine Westphalia Liberty rights Fundamental human rights The guarantee of the right to religious freedom Violation of the right to religious manifestation Principle of equality Duty to equal opportunities in employment and acceptance to work Ban on ostentatious or conspicuous symbols in public schools Ban on Islamic head coverings Headscarf Foulard Niqab Hijab Burqa Principle of laicité Compliance of the member states with the ECHR European convention on human rights Secularism Religious pluralism Anti-discrimination laws