Legislation clarifying the law around withdrawal from religious observance in schools has been passed by MSPs at Stage 3 in the Scottish Parliament.
The Children Withdrawal from Religious Education and Amendment of UNCRC Compatibility Duty Scotland Bill will require schools to inform pupils when a parent or carer requests their withdrawal from religious observance and to consider any objection raised by the young person.
The changes are designed to clarify the legal position and bring legislation into closer alignment with existing guidance and the United Nations Convention on the Rights of the Child in its international form.
Once brought into effect, the legislation will strengthen pupils’ rights in relation to religious observance while maintaining a role for parents and carers.
Education Secretary Jenny Gilruth said:
“This Bill strengthens the protection and promotion of children’s rights in education, as well as those of their parents and carers.
“It builds on the wider progress we have made around the human rights of children and young people, while also ensuring parents continue to have a say on the religious elements of their child’s education.
“I recognise the wide range of views heard as the Bill has proceeded through the Parliamentary process.
“We will continue to adopt a collegiate and inclusive approach as these changes are implemented, including in the development of the new statutory guidance to accompany the legislation.“
The Bill introduces targeted and technical measures aimed at improving clarity and coherence around withdrawal from religious observance in schools and the operation of the UNCRC Incorporation Scotland Act.
It also adds an exemption to the section 6 compatibility duty within the UNCRC where a public authority is required to act in a way that may otherwise be incompatible with Convention requirements in fulfilling another Act of the Scottish Parliament.
An amendment agreed at Stage 2 separates religious observance from religious and moral education in relation to the existing parental right to withdraw.
As a result, parents will retain the right to withdraw their child from religious observance only, and it will no longer be possible to withdraw from religious and moral education.
Religious and moral education, known as religious education in Roman Catholic schools, is one of the eight curriculum areas within Scotland’s Curriculum for Excellence and supports pupils to learn about different religions, worldviews and ethical issues.
Religious observance, sometimes referred to as time for reflection, is intended to support pupils’ spiritual development and express shared values within the school community.
Work to prepare for implementation of the provisions will begin following Royal Assent.
