Introduction

Religion is the belief in and worship of a supreme controlling power, especially a personal God or gods. Religion can also mean a system of faith and worship. In a general sense, education is the process of receiving or giving systematic instruction, especially at a school or university. In a more personal level education is an enlightening experience.

Guiding Principle

"If you have religious faith, very good, you can add on secular ethics, then religious belief, add on it, very good. But even those people who have no interest about religion, okay, it's not religion, but you can train through education." – Dalai Lama

Sources of Governing Law or Principles for Religion and Education

There are several international instruments or texts that may be legally binding in nature for those that sign them or that in any case provide international influence to the signers. The signers are often member-states of the international organization that brings them together for the creation of said instruments.

For the purposes of religion and education, it is appropriate to cite some of the main articles in key international instruments that expressly mention these rights and freedoms.

1. The right of parents to ensure the religious and moral education of their children
   1. International Covenant on Civil and Political Rights (ICCPR)
      1. Art. 18 (4): "The States Parties to the present Covenant undertake to have respect for the liberty of parents and, when applicable, legal guardians to ensure the religious and moral education of their children in conformity with their own convictions."
   2. Convention on the Rights of the Child (CRC).
      1. Art. 14 (2): "States Parties shall respect the rights and duties of the parents and, when applicable, legal guardians, to provide direction to the child in the exercise of his or her right in a manner consistent with the evolving capacities of the child [...] (c) The development of respect for the child's parents, his or her own cultural identity, language and values, for the national values of the country in which the child is living, the country from which he or she may originate, and for civilizations different from his or her own;".
   3. International Covenant on Economic, Social and Cultural Rights (ICESCR).
      1. Art. 13 (3): "The States Parties to the present Covenant undertake to have respect for the liberty of parents and, when applicable, legal guardians to [...] ensure the religious and moral education of their children in conformity with their own convictions."
2. Children
   1. Convention on the Rights of the Child (CRC)
      1. Art. 14 (1): "States Parties shall respect the right of the child to freedom of thought, conscience and religion."
      2. Art. 14 (2): "States Parties shall respect the rights and duties of the parents and, when applicable, legal guardians, to provide direction to the child in the exercise of his or her right in a manner consistent with the evolving capacities of the child [...] (c) The development of respect for the child's parents, his or her own cultural identity, language and values, for the national values of the country in which the child is living, the country from which he or she may originate, and for civilizations different from his or her own;".
      3. Art. 30: "In those States in which ethnic, religious or linguistic minorities or persons of indigenous origin exist, a child belonging to such a minority or who is indigenous shall not be denied the right, in community with other members of his or her group, to enjoy his or her own culture, to profess and practice his or her own religion, or to use his or her own language."
   2. 1981 Declaration of the General Assembly
      1. Art. 5 (3): "The child shall be protected from any form of discrimination on the ground of religion or belief. He shall be brought up in a spirit of understanding, tolerance, friendship among peoples, peace and universal brotherhood, respect for freedom of religion or belief of others, and in full consciousness that his energy and talents should be devoted to the service of his fellow men."
      2. Art. 5 (5): "Practices of a religion or belief in which a child is brought up must not be injurious to his physical or mental health or to his full development, taking into account article 1, paragraph 3, of the present Declaration."
3. Teaching and disseminating materials (including missionary activity)
   1. Human Rights Committee general comment 22
      1. Para. 4: "In addition, the practice and teaching of religion or belief includes acts integral to the conduct by religious groups of their basic affairs, [...] the freedom to establish seminaries or religious schools and the freedom to prepare and distribute religious texts or publications."

Topics

One of the social contexts in which the interaction of law and religion is most controversial is in schools. Stakes are high when it comes to educating the rising generation in any society, but when the issue is the proper place of religion in schools, given the impressionability and vulnerability of children, special concern arises over issues such as indoctrination.

State Aid to Religious Schools

In contrast to the United States, many European countries at least allow substantial funding of secular components of education at religious schools. In the case of Latin America (LatAm), as stated by the Inter-American Development Bank (IDB) in their 2018 report titled Private schooling in Latin American, LatAm “is  one  of  the  regions  with the  greatest private  sector  participation and expansion in  the  world,  there  is  scant  information  on  the  policies countries  have  adopted  to strengthen  parental  choice  and  incorporate  private  schools  into  the  public  system.”

Even so, the IDB reviewed policies adopted by different LatAm countries and characterized said policies in three dimensions: i) the design and regulations of public funding of private schools; ii) school admission systems; and iii) information and accountability. For the purpose of this chapter, it is useful to consider the first dimension of at least the private schools in the region.

There might be different models of public financing of private schools. The IDB report shows specific data of certain countries and a trend for the rest of the region based on the per country available data.

Lewis and Patrinos (2011) identified the dimensions of public funding of private schools. The difference in the dimension’s models lies with the ownership of the school and if there is a contract between the government and the school. According to these, the authors defined four types of subsidized schools:

• Privately funded schools: privately owned and managed schools (entrepreneurs, church, religious groups, NGOs, foundations, charities, etc.), which receive funding from the government, but funding is not outlined in a contract on a per-student basis.
• Private-contracted schools: private schools contracted by the government where the transfer of public funds depends on the school satisfying specific conditions.
• Privately managed public schools: a private organization that operates and manages schools owned by the government (e.g. charter schools, concession schools, etc.).
• Market-contracted schools: the student implicitly contracts with public schools, private-contracted schools, or privately managed schools; the funding follows the student to the school of their choice (e.g., per-pupil vouchers).

Generally, religious schools in Latin America are private schools. So, the information provided in this section regarding private schools in several countries of the region is closely relevant to the topic of state aid to religious schools. 

Religion in State Schools

The international instruments afford nations substantial latitude in structuring educational programs at various levels in ways that can reconcile religious instruction with freedom of thought, religion, and belief. Critical issues are the degree of state action; the maturity of the individual receiving the education; and whether there is endorsement of a particular religion or religions on the one hand and whether there is disparagement, discrimination, and exclusion on the other.

These international instruments have been previously cited in this chapter under the Sources of Governing Law or Principles for Religion and Education section. If the state decides to conduct religious instruction of some form, it is vital that this be handled in as neutral and objective a way as possible. This can be difficult to do. Most instruction will reflect some bias or other, if only a “secularist” bias, which is problematic for many religious believers.

At a minimum, individuals who object to such instruction should be given a right to opt out, and the opt-out procedure and actual administration of the system should be structured in a way that minimizes the likelihood that an individual will be discriminated against or stigmatized. Religion in Latin American public school systems are a more country-by-country scenario, since there have been many legislative and administrative changes mainly through law reform.

Those changes in the public education system in the subject of religious teachings, practices or observance often reflect the current political status and climate of the country. This means that if a conservative party is in power, then the law reforms on religious education in public schools will favor the party’s views. Similarly, if there is a liberal party running the country, then the educational law reforms in the subject of religious education will often favor that party’s views and ideologies on the topic.

Analysis

To show more recent trends of religion and education in Latin American public-school systems, the following country cases’ supreme court rulings show opposite ends of the debate - namely those who favor secularism in public education and those that support religion in public education.

• Argentina: pro-secularism education in public schools

In 1884, the South American country passed Law 1420 that said public education should be secular. On that premise, Argentina built its educational model which was based on three pillars: public, free, and mandatory. The religion? It would be an optional subject which should have parental authorization and it should be issued outside of school hours. – José María González Alonso

However, it took approximately a century and a half – in 2018 – for the Supreme Court of Justice to uphold Law 1420 which established a secular model of public education. This decision of the highest court occurred in the strongly catholic province of Salta, Argentina. This province, through law reform, had ignored the law of the secular model of education applied by the rest of the country. The law reform endorsed prayers at the beginning of classes, thus making religion part of the school’s curriculum.

The Supreme Court’s 2018 ruling’s effects include the end of religious rites (prayer) during school days and abolished the norm that forced parents to declare if they wanted their children to receive religious education. This latter norm was considered by the affected parents and the court to favor discriminatory behavior toward students that were labeled as “non-believers” in several school newsletters, for example, thus establishing inequality. The 2018 Supreme Court’s sentence places the public schools’ secular education model on even grounds for the entire nation.

• Brazil: pro-religious education in public schools

The editors at World Politics Review (WPR), recounted that “In late September [2017], Brazil’s Supreme Court narrowly ruled in favor of allowing religious education in public schools to be taught by people promoting their own faith, testing the country’s secular public education system.” It was a tight 6-5 decision by Brazil’s highest court of law.

Chief Justice Carmen Lucia made the deciding vote in favor of so-called confessional schools, at which teachers will be permitted to promote their religious beliefs during class. In non-confessional schools, teachers can discuss only the history and social impact of religion.

Brazil’s Constitution states that students between the ages 9 and 14 should have religion classes available to be taught. As for the Supreme Court’s ruling, it also states that students cannot be obliged to attend religion courses and that they must have their parents' consent to participate. It is also worth noting a different school model within the public-school systems and their characteristics about either a more secular approach to religious education, or those where religious beliefs will be openly promoted. These models are the confessional or non-confessional schools.

Conclusion