© Humanist Society Scotland 2016...life based on reason and compassion are Humanists. Humanist...


Contents 5 Introduction

6 About the Humanist Society and the

Enlighten Up campaign

9 A guide to religion in non-

denominational schools

12 A guide to religion in denominational

schools

14 What are your legal rights?

16 How to opt out

17 How to make a complaint

19 Non-religious resources for schools

19 Humanist School Volunteers

20 Key Contacts


This booklet is a guide for non-religious young people. It is designed to help you understand what the law says about religion in your school. We very often receive messages from young people all across Scotland who ask for advice about opting out of religious observance, or want to include non-religious views - such as Humanism - in their RME class, but are not sure how to do it. Well over two thirds of young people in Scotland are not religious1, and most adults in Scotland make the big decisions in life without relying on religious views2. Given this fact, we think it is important that this group is respected within society, and that young people like you are not made to feel excluded or different just because you don’t follow a religion. This booklet will give you a guide to your legal rights here in Scotland. We hope you find it useful, do get in touch with us if you have any questions. This booklet is intended as a guide to the law and is not an authoritative interpretation of the law. We will always be here to defend the rights of non-religious people. A core part of Humanism is equality and respect, so whilst it’s important that you are able to challenge and debate religious ideas, we also have to re-member to respect each other. A tolerant society is one in which people can live together, and even be friends, despite disagreeing on important issues. Good luck with your studies, Gordon MacRae Chief Executive, Humanist Society Scotland

Introduction


Humanist Society Scotland (HSS) is part of a UK, European and wider international movement of people and organisations that promote Humanism. In Scotland, HSS members have a clear vision of a secular Scotland, and the activities that HSS can pursue to achieve that end. We are a registered charity in Scotland, and are governed by a Board of Trustees elected by members. The day-to-day work of the Society is undertaken by a team of staff and volunteers overseen by the Senior Management Team.

Our vision Humanist Society Scotland seeks a future in which: 1. The worth, dignity and autonomy of every person is respected and individual freedom is balanced with

social responsibility and a duty of care for future generations; 2. Scottish civic institutions are democratic and human rights are developed, embedded and protected; 3. Ethical and moral problems are addressed with compassion, knowledge and reason; 4. No belief system (religious or not) should have, nor expect, privilege in the democratic process. In

effect we seek a secular Scotland. Individual Humanists will differ in the importance they give to different activities, such as seeking to im-prove human rights or the development of Humanist ceremonies. For some, Humanism is primarily a life stance that influences the way we behave as individuals; some see Humanism as being primarily a belief system or a set of coherent philosophical positions; others view Humanism as a series of values which should inform public policy. What unites HSS members is the basis of their life stance.

About the Humanist Society and the Enlighten Up campaign


As long as there have been groups of human beings living together, there have been Humanists. Humanists are people who trust science and rational inquiry to help explain the universe around us, and who do not resort to supernatural explanations. Humanism is a belief system which puts human happiness and flourishing at its heart, and promotes cooperation towards a shared common goal. People who share the values of science and rational enquiry, and who seek to live an ethical and fulfilling life based on reason and compassion are Humanists. Humanist Society Scotland works on behalf of Humanists living in Scotland to promote Humanist thinking, building networks of Humanists across the country and influencing public policy. Humanism has a long and varied history, but today Humanists share the core values which were agreed in the 2002 Amsterdam Declaration of the International Humanist and Ethical Union - search for ‘Amsterdam Declaration’ if you want to know more. Why not take our fun quiz to find out if you are a Humanist? www.humanism.scot/quiz

About Humanism “In a world where we sometimes feel despair about the human

race and where differences of race culture and religion are used

by the unscrupulous and powerful few to fuel hatred and

violence among the powerless, what could be more important

than to assert our common human capacity for change.” – Liz Lochead, Former Scots’ Makar and Distinguished Supporter of HSS


Currently all Scottish councils are required to appoint three religious representatives to their education committees. These religious representatives are unelected and unaccountable. Current practice in religious and moral education varies from area to area, and from urban and rural areas. It’s important that all pupils receive equal and comprehensive schooling, regardless of where they live or the religion of their parents. In order to challenge prejudice and ignorance it is important that children and young people learn about the values and beliefs which inform the world around us. A crucial part of this is high-quality and inclusive Religious and Moral Education which teaches pupils how to think, not what to think. Inclusive education offers an opportunity for children and young people from different backgrounds to learn and socialise together, breaking down the barriers that divide us and promoting social cohesion. Senior pupils in Scotland are able to have their say on the future of their community by voting in local and Scottish Parliamentary elections; it is only right that they are allowed to make decisions relating to their own education.

About our Enlighten Up campaign

Our campaign has three aims: 1. Objective Learning We want pupils to learn objectively about all religions and beliefs. 2. Accountable Committees We believe that all members of local education committees should be accountable to their com-munities through the ballot box.

3. Inclusive Education We believe that all schools should bring children of differing faiths and beliefs together. Find out more and sign the petition at www.enlightenup.scot


Many people in Scotland think that non-denominational means non-religious, but that’s not the case. Non-denominational simply means that it does not focus on one particular kind of religion (a denomination), unlike denominational schools which do focus on one particular kind (such as Roman Catholic). Religion manifests itself in many areas of school life. Such as religious observance, religious and moral education, school chaplains, and other school visits and activities.

Religious Observance: This is where you are most likely to find religion in your school. Religious observance actually started in Scottish schools back in 1872 - nearly 150 years ago! Back then it generally meant a Minister or Priest coming into your school to lead Christian prayers. The meaning and interpretation of this has changed over the years but the law has not. Since 2005 the Scottish Government has suggested that religious observance should mean:

“community acts which aim to promote the spiritual development of all members of the school

community and express and celebrate the shared values of the school community.”

Scottish Executive, Provision of Religious Observance in Scottish Schools, 2005

It is important to note that the original law from 1872 included an opt out clause which allows parents and carers of pupils to remove them from religious observance. This law still stands today. In some schools the content of religious observance has changed quite a lot from what it was originally. Many schools don’t even call it religious observance any more, but Time for Reflection. We welcome this move towards a more inclusive approach, which is less focused on prayers and religious worship. However it’s important to know that not all schools adopt this inclusive approach, and it is largely up to the headteacher to decide what the content of religious observance is.

A guide to religion in non-denominational schools


Religious and Moral Education

(Non-denominational schools only):

Religious and Moral Education (RME) is different from religious observance. It’s what used to be known as Religious Education (RE) or even Religious Instruction (RI). Under the Curriculum for Excellence, RME is focused on helping young people learn about world religions, particularly Christianity. However it also includes a focus on non-religious worldviews such as Humanism. You can read more in the Non-religious resources section. In most primary schools RME is taught by the class teacher, and in secondary schools by a subject specialist. The law requires that pupils in non-denominational schools study RME for one hour every week. Many young people find RME a very interesting subject, particularly in the senior years when it looks at wider areas of philosophy and thought. It’s important that you know that, as with religious observance, your parent or carer has a legal right to opt you out of RME if they choose. You can read more about this in the opt out section.


School Chaplains: Many schools appoint Chaplains to provide advice and guidance to young people. Many of these Chaplains are religious, some are Priests and Ministers. Recently some schools have invited non-religious Humanists to become Chaplains, although this is much rarer. School Chaplains are invited by the headteacher, and are there with the permission of the school. You do not have to engage with a Chaplain at all if you don’t want to.

School Visits and Other Activities:

Some schools also undertake school visits to churches and other places of religious worship, as well as inviting religious groups to visit schools. Many young people, and their families, feel that this is inappropriate and as a result wish to withdraw from these activities. An additional complication is that some schools, particularly primary schools, also hold their end-of-term awards ceremony during a church visit. A lot of all complaints that we get relate to these events. Whilst there is no official guidance on these events from the Scottish Government, HSS believes that given the diverse nature of modern Scottish society it is inappropriate to hold end-of-term award events in churches. If you wish to object to these activities, please see the How to make a complaint section.


Denominational schools have existed in Scotland since 1918 and are run and paid for by the Government. What makes a denominational school different is that it is run “in the interests” of a particular religious denomination. Most denominational schools, in fact all except four, are Roman Catholic. Of the other four, one is Jewish and three are Episcopalian. Roughly one-in-five secondary age pupils in Scotland attend Roman Catholic denominational schools. There are four main ways that denominational schools differ from non-denominational schools:

Pupil Selection The law (Education (Scotland) Act 1980) allows denominational schools to select pupils whose families have the same religion. In most cases this means Roman Catholic. What this means in practice varies between different council areas and also depends on the headteacher of the school. In some areas a denominational school may require you to provide evidence that you are religious, such as a baptism certificate. This does not mean that non-religious young people do not attend denominational schools, many do. It’s also important to remember that denominational schools have exactly the same responsibility to respect your legal rights as other kinds.

A guide to religion in denominational schools


Teacher Employment:

The law in Scotland also allows denominational schools to choose religious teachers over non-religious ones. In practice this means that religious groups will often ask to vet or approve teachers for jobs in denominational schools ahead of their appointment. Sometimes this will not happen, or sometimes it will only be used for staff applying for senior positions, but it remains the law.

Religious Observance:

The law requiring religious observance in denominational schools is the same as that for non-denominational schools. Religious observance in denominational schools is likely to take the form of religious worship according to the religion of the school. In a lot of cases this will be Roman Catholic services. Religious observance is likely to be more frequent in denominational schools, and might be more difficult to opt out of. However, you still have a legal right to do so if your parent or carer wishes.

Religious and Moral Education (RME):

In denominational schools RME is different. In Roman Catholic schools it is referred to as RCRE (Roman Catholic Religious Education). Denominational schools do not follow the same curriculum as non-denominational schools. In the case of Roman Catholic schools the curriculum is set by the Roman Catholic Church in Scotland. Whilst most schools will cover a range of religious beliefs, and some may cover non-religious beliefs in many denominational schools it will focus more on the religious belief of the school. The organisation responsible for Roman Catholic schools in Scotland is the Scottish Catholic Education Ser-vice.


As a young person in Scotland you have a number of legal rights. All public bodies in Scotland, such as schools, local councils and even the Scottish Government have a duty to respect and promote your legal rights. Here are some of the things to be aware of:

United Nations Convention on the Rights of the

Child Often referred to just as the UNCRC, this document sets out a series of legal entitlements that the UK and Scottish Government have agreed to respect. For the purposes of this document a child means anyone under the age of 18, although we use the term young person. The Children and Young People’s Commissioner for Scotland (details at the end) is responsible for ensuring that public bodies protect and promote your rights.

Children and Young People (Scotland) Act 2014 This is a law passed by The Scottish Parliament in 2014 and it requires that the Scottish Government “keep under consideration whether there are any steps which they could take which would or might secure better or further effect in Scotland of the UNCRC requirements”. Basically this means that the Scottish Government must always do what it can to promote and protect your rights.

What are your legal rights?


1.You have a right to know about religious

observance:

Your school has a legal duty to make sure that school handbooks contain clear information about when and how often religious observance takes place - as well as clear information about how parents and carers can withdraw young people from it if they wish. This is a statutory responsibility under the Education (School and Placing Information) (Scotland) Regulations 2012, but HSS has found that on many occasions it doesn’t happen.

2. Your right to a worthwhile alternative: If your parent or carer chooses to withdraw you from religious observance, or RME, you have a right to be given a worthwhile alternative by the school. Your right to be given a worthwhile activity is set out in a letter from the Scottish Government from 2011 to all headteachers, called Provision of Religious Observance in Schools. The guidance says specifically that “In no circumstances should a child be disadvantaged as a result of withdrawing from religious observance.”

3. Your school has a duty to respect your beliefs,

whether religious or not: Your school and local council should be aware of its public sector equality duty to respect the beliefs of all residents under the 2010 Equality Act, including those with non-religious beliefs, such as Humanists.

4. You have the rights to have your views and

wishes heard: The Standards in Scotland’s Schools etc Act 2000 requires your school and local council to take into consideration your views when it makes any decisions which may affect you. This will depend on your age and maturity. Similar responsibilities are placed on your school and local authority by the Children and Young People (Scotland) Act 2014. If you want to get help to understand what these mean for you in practice, you can contact the Children and Young People’s Commissioner for Scotland (details at the end).

What are your legal rights?


At the moment in Scotland young people do not have a legal right to opt out of religious observance, or RME. This can only be done by a parent or carer. We think this is wrong, and incompatible with your rights as a young person. You can find out more about our campaign to reform this law on our website. If your parent or carer wishes to opt you out of religious observance, they must let the head teacher of your school know. We have provided a template letter that you can download and edit. It is available here: www.humanism.scot/what-we-do/education/education-resources/ Always remember that your school has a duty to provide a worthwhile alternative when you opt out of religious observance or RME. You may wish to suggest some of our Non-religious resources for schools.

How to opt out


If you are unsatisfied with how your school have dealt with any of your requests, or feel that your rights have not been respected, you can always get in touch with us (see contact details at the end of this booklet) and we will do our best to help you. Important: We have provided a list of other Key Contacts at the end of this booklet. We recommend the following as the best route for dealing with a complaint:

1. Speak to your parents or carers:

The first thing you should do is speak to your parent or carer about the issues raised. They may be able to help you deal with the problem.

3. Get in touch with your local council:

If you are not able to resolve an issue by speaking to your guidance teacher or headteacher, you should contact your local council. The procedure will vary from area to area, but there will be someone in your council, usually called an Education Officer, whose job it is to oversee standards and ensure that schools are following the law and policy set by the government.

2. Speak to your guidance teacher or

headteacher:

If you haven’t been able to resolve the issue, you should speak to your guidance teacher or headteacher. Teachers are very busy people, and it may be useful for you to take this booklet along to help them understand your legal rights.

How to make a complaint


4. Contact your local MSP:

If contacting the local council has not been successful, the next stage would be to contact your local Member of the Scottish Parliament (MSP). MSPs are elected every four or five years to represent you in The Scottish Parliament. MSPs also deal with complaints and enquiries from local people and are able to help resolve issues by getting in touch with decision makers.

5. Campaign for change:

If you are unable to resolve the issue by contacting your MSP, it may be the case that your issue cannot be fixed without changing the law or current policy. This can seem very intimidating, but campaign groups like HSS do this every day. You could start locally, by setting up a Pupil Council in your school or arranging a petition to your headteacher. You might even want to join a campaign group like HSS, or when you’re old enough stand for election as an MSP! The future of Scotland is in the hands of young people like you. Get involved in shaping it into the society you want!


We provide a range of free education resources on Humanism for inclusion in the Curriculum for

Excellence.

These consist of worksheets, lesson plans and videos. They are all free to download. Why not recommend

them to your teacher?

Our education resources cover a range of topics such as the environment, bioethics, understanding

Humanism, origins of life and much more.

You can view and download them all for free at: www.humanism.scot/what-we-do/education/education-

resources/

Humanist School Volunteers We have a network of trained school volunteers who are available to visit your school and give a talk or a workshop on Humanism. This can be a great way to help understand what Humanism is, and give a differ-ent perspective to religious belief. Many schools find it useful to invite a Humanist school volunteer to take part in a panel or discussion group with representatives of religious faith groups. You can find out more and get in touch with a Humanist school volunteer at www.humanism.scot/what-we-do/education/school-visitors/

Non-religious resources for schools


Key Contacts Children and Young People’s Commissioner for Scotland -

Tam Ballie

Phone: 0800 019 1179

Text: 07702335720

Web: http://www.cypcs.org.uk/

The position of Children and Young People's Commissioner is currently held by Tam Ballie. The Commissioner's job is to help you understand your rights and to make sure those rights are respected. Their goal is for children and young people in Scotland to be as safe and happy as possible. This office looks after the rights of:

everyone in Scotland under 18

everyone in Scotland under 21 who has been looked after or is in care.

Humanist Society Scotland

Phone: 0300 302 0680

Email: [email protected]

Web: https://www.humanism.scot/

Humanist Society Scotland seeks to represent the views of

people in Scotland who wish to lead ethical and fulfilling

lives guided by reason, empathy and compassion. We

provide a range of non-religious ceremonies and campaign

for a secular state. HSS has over 14,000 members across

Scotland.

Who Cares? Scotland

Phone: 0141 226 4441


Web: https://www.whocaresscotland.org/

Who Cares? Scotland is a national voluntary organisation,

working with care experienced young people and care

leavers across Scotland. Who Cares? Scotland supports care

experienced people to have their voice heard and we make

that happen in a number of ways.

ChildLine

Phone: 0800 1111

Web: https://www.childline.org.uk/

Childline is free, private and confidential service where you

can be you. Whatever your worry, whenever you need help,

however you want to get in touch.

Scottish Youth Parliament

Phone: 0131 557 0452

Web: http://www.syp.org.uk/

The Scottish Youth Parliament represents Scotland’s young

people. Their vision for Scotland is of a nation that actively

listens to and values the meaningful participation of its

children and young people.

Young Scot InfoLine

Phone: 0808 801 0338

Web: http://www.youngscot.org/infoline/

If you have a question and don't know who to turn to then

call Young Scot InfoLine. You can ask anything from how to

get all your charges back from the bank, to how you can

improve your diet. All calls are confidential and are free

from landlines and your mobile.

LGBT Youth Scotland

Website: www.lgbtyouth.org.uk

E-mail:[email protected]

LGBT Youth Scotland is a national youth organisation

working towards the inclusion of lesbian, gay, bisexual and

transgender young people in the life of Scotland. They

provide a range of services for young people, families and

professionals.


Key Contacts Scottish Child Law Centre

Phone: 0800 328 8970

Text: text 'SCLC' and your question to 80800

Web: www.sclc.org.uk/kzhome.htm

Free legal advice for under 18s – they can help you with any

questions about the law.

Article 12

Phone: 01674 674086


Web: www.article12.org

Article 12 is a young-person-led network that works to

promote young people's participation and information

rights.

The Equality and Human Rights Commission

Phone: 0845 604 5510

Web: https://www.equalityhumanrights.com/

The Equality and Human Rights Commission Helpline offers

information and guidance on discrimination and human

rights issues.

Scottish Public Services Ombudsman

Phone: 0800 377 7330

Web: http://www.spso.org.uk/

The Scottish Public Services Ombudsman (SPSO) is the final

stage for complaints about councils, colleges and

universities, the Scottish Government and its agencies and

departments and most Scottish authorities.

Education Scotland

Phone: 0131 244 4330


Web: http://www.educationscotland.gov.uk/

Education Scotland is the national body in Scotland for

supporting quality and improvement in learning and

teaching.

Footnotes 1 70.8% of 14-17 years have no religion (Survey of young Scots, 2013, http://aqmen.ac.uk/referendum/youngpeople) 2 Scottish Social Attitudes Survey, 2015 (https://www.humanism.scot/?p=26462)

© Humanist Society Scotland 2016...life based on reason and compassion are Humanists. Humanist...

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