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