Freedom of religion of children in private schools

Loading...
Thumbnail Image

Date

Authors

Chetty, K.
Govindjee, A.

Journal Title

Journal ISSN

Volume Title

Publisher

Faculty of Law, University of the Free State

Abstract

Showing abstract in English
English: This article argues against the interpretation that the right to establish private schools includes the right to require religious conformity from non-adherent learners by way of a waiver of their religious freedom. Despite the importance of respecting the rights of religious communities to protect and preserve their faith in private schools, it is submitted that this right cannot be exercised without regard for the religious freedom, dignity and best interests of non-adherent children. As a result, it is submitted that the waiver of the freedom of religion of non-adherent children is not consistent with the values which South African society reveres and, therefore, cannot be enforced. This article suggests that there is a way for the rights of private schools and the rights of the non-adherent child to co-exist in harmony through the application of the reasonable accommodation principle in private schools.

Description

Citation

Chetty, K., & Govindjee, A. (2014). Freedom of religion of children in private schools. Journal for Juridical Science, 39(1), 31-59.

Endorsement

Review

Supplemented By

Referenced By