The legal dimensions of international knowledge transfer in religious education across Europe: the role of national and supranational courts

Book section : Chapter

Some key parameters of religious education are often set by international laws and obligations, notably human rights conventions, and enforced through courts - both national and supranational, such as the European Court of Human Rights (ECtHR, or the Court). This Court thereby determines international benchmarks for the subject, which not only apply to the country involved in a hearing but also across Europe as an imposed form of judicial international knowledge transfer. First, the ECtHR must consider previous cases and their circumstances when deciding on a particular case, thereby comparing and contrasting the different contexts; the subsequent use of a classic case involving Denmark is reviewed. However, national courts must balance these obligations with national laws and precedents, thereby acting either as agents of international knowledge transfer, such as a 2023 case in England in the inclusion of non-religious perspectives. Further, the ECtHR’s decision about one country will also be mobilized in debates by activists in other countries, both in the courts and in the media, and activism in Romania is considered. In conclusion, the implications of a legally bounded European site of international knowledge transfer are set out.

Authors: Fancourt, N

• Publisher: Vienna University Press
• Host title: Religious Education at Schools in Europe and International Knowledge Transfer: Looking Back and Looking Forward
• Language: English
• Keywords: courts; European Court of Human Rights; law; human rights; religious education
• Subtype: Chapter