Exclusively Christian-focused religious education taught at primary schools in Northern Ireland does not breach human rights law, the Court of Appeal ruled on Tuesday.
Senior judges identified a lack of objectivity and pluralism in the core curriculum which could amount to evidence of “forbidden” indoctrination.
But no violation of rights was established because parents can have their child excused from classes or collective worship.
The verdict came in a legal battle over the current syllabus in controlled primary schools.
Initial proceedings were brought against the Department of Education on behalf of a child who attends a school in Belfast. Lawyers for the parents argued that the complete focus on Christianity in religious education (RE) and collective worship (CW), to the exclusion of all other faiths, breaches entitlements protected by the European Convention on Human Rights (ECHR).
Described as a non-religious family with broadly humanist views, concerns were expressed that their child may adopt a specific worldview.
Despite not objecting to most of the focus being on Christianity, they alleged that no meaningful alternative teaching is available in Northern Ireland’s state-funded primary schools.
It was contended that the current arrangements under the Education and Libraries (NI) Order 1986 lack pluralism and involve proselytising the Christian faith.
Counsel for the Department insisted the system is flexible and lawful, with potential scope for supplementing the statutory syllabus.
In July 2022 a High Court judge held that the obligation to base the core curriculum on the Holy Scriptures unlawfully breached Article 2 of the First Protocol ECHR read with Article 9 rights to freedom of thought, conscience and religion.
The Department challenged that decision, insisting it did not amount to indoctrination.
Ruling on the appeal, Lord Justice Treacy upheld a finding made by the first judge, stating: “The curriculum at issue in the present case is not conveyed in an objective, critical and pluralistic manner.”
He said those findings “were capable of constituting evidence supporting an inference that the forbidden line (of indoctrination) had been crossed”.
However, the court determined no breach of the ECHR was established due to the parents’ unqualified statutory right to have their child excused, wholly or partly, from attending RE or CW.
The child’s mother and father had chosen not to exercise that right.
Allowing the Department’s appeal, Lord Justice Treacy confirmed the declaration made by the High Court was wrong in law.
Amid a review into what is taught in classrooms, the judge also noted policy makers may implement “a refresh to the Northern Ireland curriculum that will inevitably include consideration of religious instruction to take into account the complexion and changing needs of our society”.
Reacting to the outcome, a solicitor for the family vowed to continue the legal fight.
Darragh Mackin of Phoenix Law said: “This raises considerable issues of wider public importance in the sphere of human rights and the cross section with education and religion.
“We now intend to seek permission to have the Supreme Court look at this case as soon as possible given the wider implications.”