From statutory localism to Strasbourg jurisprudence: the changing legal place of Humanism in religious education in England

Journal article

This article will show how statutory localist principles for religious education in England have become increasingly entwined in national and supranational European processes, most recently after demands for Humanism’s inclusion in syllabuses. Four legal phases are outlined. The statutory localism of 1944 is described, notably the establishment of locally agreed syllabuses addressing contextual needs. Then, the 1988 reforms are considered, especially the inclusion of criteria with a national focus on ‘Great Britain’. Next, the first of two recent human rights cases in the English courts is reviewed: R (ex. P Fox) v SSE, in 2015, under A2P1 of the European Convention on Human Rights (right to education), on the absence of Humanism in examination specifications. Finally, R (ex p. Bowen) v. Kent County Council, in 2023, on Kent’s refusal to accept a Humanist representative, under Article 14 (freedom from discrimination) is discussed. It is argued that local decision-making must now pay attention to complex national and supranational law. The arrangements suggest an unwieldy intersection of the local and global. Local decision-making has become geographically indeterminate as contextual concerns, national judicial decisions and supranational obligations must be addressed.

Authors: Fancourt, N

• Publication status: Published
• Peer review status: Peer reviewed
• Publisher: Taylor and Francis
• Journal: Journal of Beliefs and Values
• Volume: 46
• Issue: 3
• Pages: 567-583
• Publication date: 2024-09-09
• Acceptance date: 2024-07-25
• DOI: 10.1080/13617672.2024.2386217
• EISSN: 1469-9362
• ISSN: 1361-7672
• Language: English
• Keywords: religious education; human rights; Humanism; law