|
Social & Moral Issues |
|
Social & Moral Issues |
|
LEGAL
COMMENTS ON POLICY ON RELIGION IN EDUCATION:
Rassie
Malherbe, 1. What basically happened in this Draft is that "religion education" remains untouched, whereas the door has been opened in respect of single-faith religious observances during school hours. This may have removed a constitutional challenge on the basis of section 15(2) of the Constitution, which allows religious observances in state or state-aided institutions such as public schools. A challenge against "religion education", based on section 15(1) which guarantees the right to religious freedom, may still be possible. See on religious observances paragraphs 57-65 of the Draft, in particular paragraph 62. 2. The biggest objection to the policy remains the fact that through "religion education" it seeks to enforce on public and independent schools a humanistic and pluralistic view about religion. This opens the door for relativism, an interfaith perspective and for syncretism to creep in and even to prevail. This is inconsistent with the right to religious freedom. (a) Paragraphs 18-33 make the objectives of "religion education" quite clear. The moral and ethical development of children should be pursued (par 19). Learners will "discover their common humanity in diversity, and be both affirmed and challenged to grow in their personal orientation to life" (par 21). "It is a programme for studying about religion ... as an important dimension of human experience" (par 23). "This approach engages religion as an important human activity" (par 24). Religion education provide opportunities for "a deeper sense of self-realisation" (par 24). "Religion Education ... will empower them to recognise a common humanity" (par 26). "Religion, like politics, economics and literature, is an important aspect of human endeavour that children should learn about" (par 27). (b) The envisaged outcomes of "religion education" in the various phases (paragraphs 45 and 50-52), make all this quite concrete. To think that our children are supposed to learn (and be examined?) about differences and similarities in symbols, ways of worship, values, rituals, and customs, and eventually about spiritual philosophies and to think critically about issues of personal morality and social ethics are very, very disturbing - unless they are allowed to study all this from a Christian perspective. (c) The fact that after all the previous drafts this one in paragraph 68 now denies that "religion education" will promote relativism, uniformity and syncretism does not remove this danger. Simply by reading paragraphs 29-31 the objective becomes quite clear that "religion education" must distill from all the religions those values that are supposed to benefit society. 3. The policy still does not fully accept the correct interpretation of section 15(2) of the Constitution, which allows religious observances in public schools, and it still seeks to downplay religious observances in schools. This was quite visible in previous drafts because of the inherent inconsistency (tension) between "religion education" and single-faith religious observances, and this tension could not be eliminated completely in this Draft when provision was made for observances in paragraph 62. (a) The explanation in paragraphs 12 and 13 makes no reference to section 15(2), which provides for religious observances in public schools (even though a footnote refers to 15(2)?). (b) Paragraph 57, which comes nearest to explaining section 15(2), still only refers to the making available of facilities (which has been pointed out time and again to be a wrong interpretation of 15(2)). (c) The implications of section 15(2) for religious observances, instruction and even ethos are still not acknowledged (paragraphs 22, 61 - 63, 70). (d) The notion still exists that single-faith observances in assembly would violate individual rights (paragraph 63). The simple fact is that as long as the conditions of section 15(2) are complied with, single-faith observances are not regarded by the Constitution to be discriminatory. 4. The policy still seeks to use religion for political and educational purposes by emphasising the contribution that religion education can make in promoting national unity and other values, as well as learning skills. See paragraphs 7 and 8, in particular paragraph 8 that states: "Religion Education should contribute to creating an integrated community that affirms unity in diversity". Core values of a democratic society must be promoted (par 14). "Religion Education must contribute to developing basic skills in observation, listening, reading, writing and thinking" (par 17). ... encourage pupils to think in terms of a new national unity" (par 25). "Promotion of social justice" (par 18). See also paragraph 69. 5. "Religion education" still applies to independent schools, which is inconsistent with sections 15(1) and 29(3) of the Constitution - the latter provision allowing schools to be established on the basis of, for example, a common faith or religion. Paragraph 16 expressly requires independent schools to achieve the minimum outcomes for "religion education". 6. The policy still excludes clergy and members of religious organisations from teaching "religion education", with the implication that only the perspective determined by the state will be taught. Paragraph 34 maintains that teaching of "religion education" is to be done by professional teachers registered with SACE. Guest facilitators from various religions may be utilised only on a so-called equitable basis. 7. The policy still does not allow the weekly assembly to be an occasion for single faith religious observances. Paragraphs 60 and 61 still want such an occasion to have a multi-religious character. 8. The most significant "progress"; is it progress if it simply recognises long-standing practice?; that has been made in this Draft is to allow single faith religious instruction (paragraphs 54-56) and single faith religious observances (paragraph 62). This is to be welcomed, although there are some reservations (see the comments below). The biggest danger is that people may now find the policy acceptable, while neglecting the fact that "religion education" remains intact. (a) If for constitutional purposes religious instruction may be regarded as part of religious observances, the statement in par 55 that "religious instruction cannot be part of the formal school programme" may not imply that such instruction may then only be conducted outside of school hours. (b) Regarding the single-faith observances referred to in paragraph 62, it is a question what "equally supported opportunities for observance by all faith" means. Obviously, it should refer only to the religions present in that school. But does it mean that the school must organise all those observances, or is it enough only to make available its facilities? 9. It also remains a question why this policy is at all necessary, because (a) section 15(2) is clear and can be applied, and (b) the power to regulate the matter is vested in governing bodies (section 7 of the SA Schools Act). It therefore remains a possibility that the Minister is acting ultra vires for not having the power to make such a policy. 10. The policy still requires rewriting at least to scrap "religion education" in the form envisaged in the policy, restore religious observances to their rightful place, leave the matter to governing bodies to regulate, and exclude independent schools from the policy.
Rassie
Malherbe ==================================================== Win the culture war for our generation. Rebuild our nation on a Christian foundation. CHRISTIAN VIEW is a news and information service on issues of concern to Christians in South Africa. To receive Christianview, email receive@christianview.org Please forward and photocopy Christian View to give to friends and put on church or society notice boards. For more information, email the editor or phone 082 676 8966. Please email us with any information, details of planned activities and organisations' statements on issues. _______________________________________________ Please read our disclaimer |
|
|
