Instruction in a Particular Religion: Article 27.3 of the Spanish Constitution Concerning Islamic Religious Education
by David Katz Rotnitzky
Question(s) at stake
Whether the administration can justify not providing Islamic religious education in a state-funded school due to a lack of qualified teachers to provide such education.
Outcome of the ruling
The non-provision of Islamic religious education by the administration to the children of the plaintiff, in conformity with her beliefs, morals, and convictions, is not considered a violation of Article 27.3 of the Spanish Constitution concerning “the right of parents to ensure that their children receive religious and moral instruction that is in accordance with their own convictions”.
Country:
Official citation
High Court of Justice Valencia, Judgment of 24 January 2023, no. 25/2023 (Tribunal Superior de Justicia de Valencia, Sentencia de 24 de enero 2023, Sentencia número 25/2023)
Topic(s)
Keywords:
Right of parents to ensure the religious and moral education of their children Publicly funded education in a minority religion Freedom of thought, conscience and religion State-funded schools
Tag(s):
Islamic religious education Indoctrination
Bibliographic information
Access case report
View case report in the CUREDI databaseAbout the authors
David Katz Rotnitzky (Max Planck Institute for Social Anthropology, Department Law and Anthropology, Germany)
David Katz is a PhD Candidate in the Law & Anthropology Department at the Max Planck Institute for Social Anthropology in Halle. He holds a bachelor’s degree in social and cultural anthropology from the University of Barcelona (Spain), and was awarded the European Master’s Degree in Human Rights and Democratization by the European Inter University Centre in Venice (Italy), for which he spent a semester at the UNESCO Chair on Education for Human Rights, Democracy and Peace at the Aristotle University of Thessaloniki (Greece). In his master’s thesis, “Deconstructing the Right to Freedom of Religion or Belief in Human Rights: A Multidisciplinary Approach on Antisemitism towards the Jewish Community of Thessaloniki”, he analysed the right to freedom of religion and belief and the correlation between the inherent antisemitism in some spheres of Greek society and the limits on the enjoyment of religious rights by the Jewish community of Thessaloniki. His current research falls within the project “Cultural and Religious Diversity under State Law across Europe” (CUREDI).