Parents’ rights concerning religious observances in public schools

Abstract

Religion plays a significant role among people. Human beings have always turned to religion for answers to critical questions about life such as reasons for existence. Religious beliefs also inform people’s conceptions about morality and justice. However, religion is also a very controversial topic. It has both the potential to divide or unite nations. Hence, the global view of religious freedom as a fundamental human right. Among contestations involving religious freedom is the issue of parents’ primary right to determine religious observances for their children at public schools. A right which is protected internationally, by among others, Article 5 of the 1981 Declaration on the Elimination of All Forms of Intolerance and Discrimination Based on Religion and Belief; Article 26(1) of the Universal Declaration of Human Rights (1948); and Article 18 (4) of the International Covenant on Civil and Political Rights (ICCPR) (1966). These covenants emphasise the inalienable right of parents to have their children educated in accordance with their own religious convictions or beliefs. In South Africa, this a priori right of parents is protected by the Constitution of the Republic of South Africa, 1996 (Gov. za, 2017); and the South African Schools Act 84 of 1996 (SASA), respectively. Section 15(2) of the Constitution provides for religious observances to be conducted at public schools provided that such observances follow rules made by the appropriate public authorities; are conducted on an equitable basis; and, attendance at them is free and voluntary. The South African Schools Act 84 of 1996 (SASA) entrusts the authority to determine such rules to parents through the School Governing Body (SGB). However, the National Policy on Religion and Education (2003) has generated much confusion around the issue of religious observances, because it imposes a multi-faith approach to religious observances in public schools. It was therefore, rejected by many who viewed it as a usurpation of parents’ rights, and an imposition of secularism on schools, while embraced by others, who perceived it as a welcome relief from what they perceived to be learner indoctrination in public schools. The apparent confusion generated by the policy resulted in SGBs adopting a laissez-faire attitude towards religious observances policy design at public schools. For example, some SGBs banished all forms of religious observances from their schools, while others continued with the pre-democracy status quo of single faith religious observances. Against this backdrop, the object of this study was to determine the constructions of SGB members, particularly, parents, on how they realise their constitutionally mandated function of determining religious observances policy at public schools, given such a confusion riddled environment.