Law and Religious Diversity in Education: The Right to Difference

Description

Religion is a prominent legal force despite the premise constructed and promoted by Western constitutionalism that it must be separated from the State in democracies. Education constitutes an area of human life that leaves ample scope for the expression of religious identity and shapes the citizens of the future. It is also the place of origin of a considerable number of normative conflicts involving religious identity that arise today in multicultural settings. The book deals with the interplay of law and religion in education through the versatility of religious law and legal pluralism, as well as religion’s possible adaptation and reconciliation with modernity, in order to consider and reflect on normative conflicts. It adopts the angle of the constitutional dimension of religion narrated in a comparative perspective and critically reflects on regulatory attempts by the State and the international community to promote new ways of living together. Cover Half Title Series Title Copyright Dedication Contents Acknowledgments Preface 1 The method: legal pluralism and comparative constitutional law: complementary methodology in the protection of religious difference 1 Legal hybridity and legal pluralism: state law as one way of imagining the real 2 The relationship of international and comparative law with legal pluralism a The value of difference in comparative law and human rights b The protection of religious difference in times of legal plurality 2 The concepts: revisiting religious diversity within multicultural classrooms: religious freedom, education and equality 1 Introduction: human rights and normative conflict 2 The right to freedom of religion in education: religion as a secular blasphemy? 3 Secularization, secularism and the right to religious freedom 4 Educational autonomy, religious freedom and equality 5 The neutrality of education and the principle of equality 3 The standards: interpreting the content of rights: the legal interaction of religious freedom, education and non-discrimination 1 Introduction: the relevance of religion in education 2 The nature of the right to education 3 The content of the right to education in its religious/cultural dimension 4 The right to religious freedom within education: a path towards co-existence? 5 The right to equality and non-discrimination in the context of religious diversity in public education 4 Plural public education in Israel: for equal or different students? 1 Legal pluralism in Israel: the context 2 The Normative justification of the close entanglement between religion and the State in education 3 The design of educational religious pluralism: general features 4 Constitutional pluralism and religious diversity a The ambiguous principle of equality b The role of the State in Israel in the provision of religious services 5 Educational diversification according to religious belonging a Arab sector education: patterns of discrimination against Israeli Palestinian Arab learners b Ultra-Orthodox education 6 Educational pluralism, autonomy and accommodation of religious identity in Israeli state-sponsored schools 7 Concluding remarks: education and democratic governance 5 Avoiding religion? The question of religious identity conflicts in education in South Africa 1 Introduction: legal pluralism in South Africa 2 Equality and difference: constitutional contours and interpretation 3 The right to religious freedom a Religion and the right to education in South Africa: accommodating difference in schools? b Religion with(out) culture 4 The right to education 5 The special case of independent schools in South Africa 6 The South African approach to religious diversity in education a A historical account: the legacies of apartheid b Religion in education in contemporary South Africa c Desegregation: a determining framing factor 7 Effects of religious diversity policy in education: governance implications 6 From tradition to modernity and back: religious diversity in English schools as a test-case for multicultural societies 1 Introduction: multiculturalism, legal pluralism and conflict 2 Education and faith in curricular development in the UK a Religion in education: the legal framework b Types of schools 3 Religion and equality 4 The special case of ‘faith schools’ in Britain 5 The question of citizenship education in a post-multicultural setting 6 Religious literacy and religious education policy outcomes a The place of religious education in the national curriculum b Teachers’ Agency in delivering religious diversity in education c Religious freedom as manifestation: religious symbols and school uniforms d ‘Faith schools’ as a test-ground of religious diversity education 7 Concluding remarks: the ambiguous role of religious belief in English public education 7 Negotiating religious identity in public classrooms 1 Introduction: the efficiency of legal pluralism as a frame in religiously diverse education: power, agency and the law 2 Religious diversity as a conflict regulating factor: testing the limits of the social magic of law a Religious education as a public good b (In)equality in and through education 3 The management of religious disputes within education in plural societies: methods, conditions and challenges a The role of context in promoting religious diversity in education b Religious pluralism and the new role of the State c The challenges of education systems in protecting religious difference 8 Legal empowerment through religious diversity in schools 1 Religion in education: a shifting agenda a Education as development: globalizing and transnational dimensions b ‘Faith schools’: religious communities’ agency in action 2 Religious diversity in education within an empowerment frame a Religious identity-building as empowerment b Religious education and citizenship – plurality as opportunity 3 Concluding remarks References European Court of Human Rights cases Domestic case law International and European legal texts Index