A Scottish Government bill that would make it harder for parents to withdraw children from religious observance (RO) has passed its first legislative stage.
Speaking during the Stage 1 debate, MSPs called for the bill to be amended to include an independent right of withdrawal for children. Amendments can be introduced at Stage 2.
Under the Education Act (Scotland) 1980, parents can withdraw their children from RO and religious education (RE) or religious and moral education (RME).
The bill would amend the Act to allow children to override a parent’s decision to withdraw them from RO/RE/RME.
However, it would not include a corresponding independent right for the child to withdraw from RO/RE/RME against parental wishes.
The National Secular Society has criticised the Scottish Government’s approach as “asymmetrical” and said it would create a “distorted hierarchy of child rights”.
In written and oral evidence, the NSS called for laws mandating RO to be repealed. Failing that, an independent right of withdrawal for children should be introduced.
MSP: Bill is “disappointing in many ways”
MSPs from across the political spectrum criticised the lack of an independent right of withdrawal in the bill.
SNP MSP Elena Whitham said the bill “will not fully realise the rights that it seeks to protect”, noting the “particularly powerful case” made by the National Secular Society regarding the lack of an independent right of withdrawal.
She said the bill would create a “fundamental asymmetry” and a “hierarchy of rights”.
Scottish Green MSP Maggie Chapman said the bill is “disappointing in many ways”, noting it fails to implement the repeated recommendations of the UN Committee on the Rights of the Child to introduce an independent right of withdrawal.
She said: “we can remedy those issues at Stage 2 and beyond”.
Chapman quoted new polling which reveals two thirds of Scots support an independent right of withdrawal.
She also cited last week’s UK Supreme Court ruling that religious education that is not “objective, critical and pluralistic” amounts to “indoctrination”. The court also held that a parental right of withdrawal is not a guarantee of human rights compliance.
Liberal Democrat SNP Alex Cole-Hamilton said: “We need to allow for children themselves to withdrawal from religious observance”.
He also questioned the compatibility of the bill with the UN Convention on the Rights of the Child, which was incorporated into Scots Law last year.
The convention enshrines the child’s independent right to freedom of religion and belief, and the right for their views to be given due weight.
Following oral evidence from the NSS and others, Holyrood’s Equalities, Human Rights and Civil Justice Committee invited the Scottish Government to consider introducing an independent right of withdrawal in future legislation.
NSS: ‘Time for Scottish Government to change tack’
National Secular Society human rights lead Alejandro Sanchez said: “The Scottish Government is right that reform of RO/RE laws are overdue.
“But this bill’s asymmetrical approach is fundamentally misguided: it flies in the face of the recommendations of the UN Committee on the Rights of the Child and flatly ignores the stated desires of young people.
“It’s now time for the Scottish Government to change tack and amend this bill to actually uphold children’s right to freedom of religion or belief.
“We’re pleased to see many MSPs agree with us, and look forward to their amendments at Stage 2.”