The UK Supreme Court has ruled that the Christian religious education (RE) taught in schools in Northern Ireland is unlawful.
Britain’s highest court came to the landmark ruling on Wednesday, in a unanimous judgement that allowed an appeal by a father and daughter in Northern Ireland.
In 2022, The High Court in Belfast had ruled that Christian-based religious education was unlawful, however the Department of Education later won an appeal against the judgement.
The family at the centre of the case have not been named, nor has the school involved.
The court today upheld the appeal brought by a pupil, who was at a controlled primary school in Belfast in 2019 when she took part in non-denominational education and collective worship. The case argued that the teaching of RE and collective worship was in breach of human rights, with the girl’s parents writing to the school to express concerns that their daughter’s education did not appear to conform with their own religious and philosophical convictions.
BACKGROUND TO THE CASE
This BBC reports that the parents of the child began asking questions when their primary-school aged daughter was coming home from school and saying grace before her meals. When asked about praying before eating, the child said that she had learned to do so in school.
The parents of the child did not wish for their daughter to be taught that Christianity was an absolute truth. The school, when contacted by the parents, confirmed that its religious education was “Bible-based” and followed the core syllabus for education.
Today, the Supreme Court dismissed the Department of Education’s cross-appeal, allowing the appeal brought by the child, referred to as JR87 and her father, known as G.
JUDGEMENT
In his judgement, Mr Justice Ben Stephens said that the Court of Appeal was “wrong in its application” of established principles of ECHR law and “should not have departed” from the findings of the High Court judge in Belfast in 2022, who found in favour of the family, and who had found that the parents “had valid concerns in relation to withdrawing JR87 from religious education and collective worship.”
Justice Stephens added: “Furthermore, the Court of Appeal fell unto error in making a distinction between indoctrination and the State conveying information or knowledge in a manner which was not objective, critical, or pluralistic.”
“The concepts are two slides of the same coin; conveying knowledge in a manner that is not objective, critical, and pluralistic amounts to pursuing the aim of indoctrination,” he said.
The judge said that the Court of Appeal should have found that having to withdraw the child from religious education was “capable of placing an undue burden” on her parents.
DUP VOWS TO ‘DEFEND CHRISTIAN ETHOS OF OUR SCHOOLS’
Responding to the ruling, which was described as “watershed” by the solicitors representing the family, Phoenix Law, the Democratic Unionist Party said it would “defend the Christian ethos of our schools.”
“While we will take time to consider the detail, the DUP will continue to support the Christian ethos that underpins our education system and has served Northern Ireland well for generations,” the party said in a statement.
DUP MP Carla Lockhart, who was present for today’s judgement, said that Christian values remain central to education in Northern Ireland, and to protecting “the heritage that has served our society well for decades.”
“We are very fortunate in Northern Ireland to have an Education Minister who understands the importance of those Christian foundations and who is committed to safeguarding them within the framework of the law,” she said.
“That leadership will be essential as we consider the implications of today’s judgment and determine the next steps.
“Parents have always had the ability to opt out of collective worship if they wish, and that will continue.”
Meanwhile, the leader of the Traditional Unionist Voice, Jim Allister, hit out at the ruling, saying he was “deeply disturbed.”
“I reject entirely the suggestion that Christian teaching in our schools amounts to indoctrination,” he said. “That word has been weaponized to belittle the sincere Christian ethos that shaped our society, our laws and our moral compass. It is an insult to the thousands of teachers who faithfully and honourably deliver RE.”
Reacting, the Catholic Bishop of Derry, Donal McKeown, said he was not surprised by the judgement.
“Northern Ireland has changed a lot since the last core curriculum was put together,” he said, telling the BBC: “There is also an important distinction to be made between what the core curriculum says is the basic minimum to be taught and what actually happens in schools.”
“I’m quite open to seeing where this goes but I think I wouldn’t want it to be seen as some kind of statement that religion should be banned in schools.”
Darragh Mackin from Phoenix Law, solicitor for the family, said: “The Supreme Court has confirmed that all children are entitled to an education that respects their freedom of thought, conscience, and religion.”
“Fundamental change” is required, Mr Mackin said, “to ensure that the teaching is compatible under the protections of the European Court of Human Rights”.
There have been calls for clarity from Education Minister Paul Givan on what the ruling will mean for schools in the North.