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Judge rules UK government broke the law in excluding Humanism from school curriculum
In a landmark judgment handed down in the High Court today, a judge has ruled in favour of the three humanist parents and their children who challenged the Government’s relegation of non-religious worldviews in the latest subject content for GCSE Religious Studies. In his decision, Mr Justice Warby stated that the Government had made an ‘error of law’ in leaving non-religious worldviews such as humanism out of the GCSE, amounting to ‘a breach of the duty to take care that information or knowledge included in the curriculum is conveyed in a pluralistic manner.’ The British Humanist Association (BHA), which was responsible for bringing the case and has supported the three families throughout, has welcomed the landmark decision.
While the Government will not be immediately compelled to change the GSCE, religious education syllabuses around the country will now have to include non-religious worldviews such as humanism on an equal footing, and pupils taking a GCSE will also have to learn about non-religious worldviews alongside the course.
In his judgment, Mr Justice Warby said, ‘In carrying out its educational functions the state owes parents a positive duty to respect their religious and philosophical convictions… the state has a duty to take care that information or knowledge included in the curriculum is conveyed in a pluralistic manner… the state must accord equal respect to different religious convictions, and to non-religious beliefs; it is not entitled to discriminate between religions and beliefs on a qualitative basis; its duties must be performed from a standpoint of neutrality and impartiality as regards the quality and validity of parents’ convictions.’
He found that GCSE specifications drawn up along the lines recommended ‘would give priority to the study of religions (including some with a relatively very small following and no significant role in the tradition of the country) over all non-religious world views (which have a significant following and role in the tradition of the country)’ and would therefore risk being unlawful.
https://humanism.org.uk/2015/11/25/judge-rules-government-broke-the-law-in-excluding-humanism-from-school-curriculum/
While the Government will not be immediately compelled to change the GSCE, religious education syllabuses around the country will now have to include non-religious worldviews such as humanism on an equal footing, and pupils taking a GCSE will also have to learn about non-religious worldviews alongside the course.
In his judgment, Mr Justice Warby said, ‘In carrying out its educational functions the state owes parents a positive duty to respect their religious and philosophical convictions… the state has a duty to take care that information or knowledge included in the curriculum is conveyed in a pluralistic manner… the state must accord equal respect to different religious convictions, and to non-religious beliefs; it is not entitled to discriminate between religions and beliefs on a qualitative basis; its duties must be performed from a standpoint of neutrality and impartiality as regards the quality and validity of parents’ convictions.’
He found that GCSE specifications drawn up along the lines recommended ‘would give priority to the study of religions (including some with a relatively very small following and no significant role in the tradition of the country) over all non-religious world views (which have a significant following and role in the tradition of the country)’ and would therefore risk being unlawful.
https://humanism.org.uk/2015/11/25/judge-rules-government-broke-the-law-in-excluding-humanism-from-school-curriculum/
The Department for Education said it would “carefully consider” the judgement before deciding upon its next move.
It stressed that the judge’s comments had made it clear that the new GCSE “is in no way unlawful”. It was being interpreted that schools would have to teach about non religious views as part of the religious studies syllabus but they would not have to be part of the GCSE exam.
...
Changes to the syllabus announced in February insisted pupils should study at least two religions - giving priority to Buddhism, Christianity, Hinduism, Islam, Judaism and Sikhism.
In his judgement, the judge indicated his ruling applied only to schools which did not have a religious character. Faith schools were covered by different provisions under the 1998 School Standards and Framework Act.
http://www.independent.co.uk/news/education/education-news/nicky-morgan-made-error-of-law-removing-non-religious-views-from-gcse-re-curriculum-high-court-rules-a6748336.html
It stressed that the judge’s comments had made it clear that the new GCSE “is in no way unlawful”. It was being interpreted that schools would have to teach about non religious views as part of the religious studies syllabus but they would not have to be part of the GCSE exam.
...
Changes to the syllabus announced in February insisted pupils should study at least two religions - giving priority to Buddhism, Christianity, Hinduism, Islam, Judaism and Sikhism.
In his judgement, the judge indicated his ruling applied only to schools which did not have a religious character. Faith schools were covered by different provisions under the 1998 School Standards and Framework Act.
http://www.independent.co.uk/news/education/education-news/nicky-morgan-made-error-of-law-removing-non-religious-views-from-gcse-re-curriculum-high-court-rules-a6748336.html
A shame it doesn't apply to faith schools, of which there are still many (and the Tory government wants more). But it's a start.
