Η διδασκαλία των θρησκευτικών στη σχολική εκπαίδευση και το δικαίωμα απαλλαγής υπό το πρίσμα της νομολογίας του Συμβουλίου της Επικρατείας [Religious Education in Greek Schools and the Right of Exemption in the Case Law of Greek Council of State]
Αικατερίνη Ρωξάνα
Σύμβουλος Επικρατείας
Religious education in primary and secondary schools has been the subject of an interesting dialogue between the Greek Council of State (the Supreme Administrative Court in Greece) and the European Court of Human Rights in Strasbourg. According to the Greek Constitution that recognises the special role of Orthodox Christian Church in Greek history and society, religious education is mandatory for all pupils. As relations of the member States of the Council of Europe with religious communities vary a lot, based mainly on history and tradition, the Court of Strasbourg is seeking for a consensus of common European values and principles in order to promote a high level of protection of religious freedom. With regard to religious instruction in Europe it recognises a wide margin of appreciation of national authorities, while in spite of the variety of teaching approaches, the Court notes that almost all member States offer ways by which pupils can opt out of religious education classes. The Greek Council of State, in its function of judicial review of constitutionality of laws and administrative decisions, develops a stable case law, friendly with the case law of Strasbourg. Combining respect to tradition with the right of parents to the religious education of their children, it supports a new simple system of exemption of children from religious education courses that does not require parents to disclose their religious or philosophical convictions, by providing an exemption mechanism and the option of attending a lesson in a substitute subject on morals. In a changing environment that presents various challenges and dangers, the promotion of humanities in education and the understanding of the religious origins of human rights are pillars for the peaceful coexistence of religious communities and the prevention of fundamentalism and violence.
Keywords: religious education/instruction; exemption mechanism; judicial review of constitutionality; European Treaty of Human Rights; margin of appreciation
Λέξεις κλειδιά: θρησκευτική εκπαίδευση, δικαίωμα απαλλαγής, δικαστικός έλεγχος συνταγματικότητας των νόμων, Ευρωπαϊκή Σύμβαση Δικαιωμάτων του Ανθρώπου, περιθώριο εκτίμησης
