Schools - religious observance and religious education: consultation analysis

10. Impact of proposals on children’s rights and equalities

Introduction

Question 6: As part of our work to bring forward amendments to legislation, we will finalise a Children's Rights and Wellbeing Impact Assessment, and an Equality Impact Assessment. To help inform this work, we would welcome your views on the impact of our proposals on children's rights and equalities, as well as any related evidence/research you may be aware of.

Over half of all respondents (53%) responded to Question 6. The remainder of respondents (46%) either left the response blank or state that they had no comments to make.

In summary, of the 53% of respondents who answered this question:

• 84% identify a negative impact
• 27% identify a positive impact
• 9% provide other comments^[6] – this includes the provision of weblinks to relevant research, views on how the impact assessment could be undertaken and monitored, and that the Scottish Government should seek to capture the views of children and young people directly

Some respondents feel that the proposed changes could have both positive and negative impacts, reflecting the complexity of the issue.

Respondents were asked to provide details of any evidence and/or research that could be useful for the Scottish Government to consider as it finalises a Children's Rights and Wellbeing Impact Assessment and an Equality Impact Assessment, see Appendix C for more details.

Theme 1: The proposed changes could negatively impact on children’s rights and equalities

Respondents who identified a negative impact identify various issues which have been captured elsewhere in the report and are summarised below.

There could be a negative impact on a child’s right to education

Many consultation respondents (primarily individual respondents across all sub-groups, and a small number of faith and local government organisation respondents) express concern that the proposed changes could negatively affect a child’s right to education.

Namely, pupils withdrawn from RO/RME may miss out on a range of important and enriching learning experiences such as learning about different cultures, religions, experiences, and world views, or may lose the opportunity to develop important personal and social skills such as empathy, respect, and tolerance for their peers and those with differing faiths, beliefs, ideologies, and cultures.

The proposed changes do not go far enough to uphold children’s rights

Many respondents (primarily individual respondents including other individuals and parents of a school aged child) welcome the proposals in principle but suggest that they fall short of fully upholding children’s rights under the UNCRC.

Children may not have the maturity or capacity to make an informed decision regarding participation in RO/RME

Some respondents (predominantly parents of a school aged child, other individuals, and teachers) note that young children may not have the level of maturity or capacity required to make an informed decision on their participation in RO/RME or may be susceptible to peer pressure. A suggestion made is that the Children’s Rights and Wellbeing Impact Assessment and Equality Impact Assessment could consider the age at which children can make supported and informed decisions on participation.

The proposed changes could negatively impact on parental rights

Some respondents (primarily other individual respondents as well as a small number of parents of a school aged child and teachers) raise concerns that the proposed changes could place too much emphasis on the rights of the child and, in turn, negatively impact or erode the rights of parents to make decisions for their child. This includes in decisions in shaping their child’s moral and religious upbringing through education, and in guiding young children who may not yet have the maturity to make informed decisions about participation in RO or RME.

The proposed changes could lead to social exclusion of pupils withdrawn from RO/RME

A small number of respondents (namely parents of a school aged child as well as a couple of faith and local government organisations) suggest that withdrawal from RO and/or RME could lead to feelings of social exclusion or isolation (in particular among those pupils who are from a minority religion or who are non-religious) or lead to an unintentional divide/fragmentation amongst pupils.

The respondent quotes below are broadly reflective of the viewpoints expressed under this theme.

“We believe these proposals will undermine children’s rights and equalities by depriving them of the benefits of RO and RE – particularly as it is often within these contexts that children’s rights are taught and explored in the context of ethical discussions.” Organisation respondent (Free Church of Scotland)“The current arrangement is incompatible with children’s Article 14 rights. That would still be true if the proposed changes – which are mere lip service to upholding a child’s independent right to freedom of religion of belief – were implemented. As expressed above, the proposals also fail to address that imposing religious worship on children directly discriminates on the basis of religion or belief, because children of no religion or minority religions are treated less favourably.” Organisation respondent (National Secular Society)

“It is felt that it is important to recognise the within Children’s Rights, Article 14 states a child and young person’s right to be free to be of any or no religion. This should feature within and rights-based assessment of this consultation. A parent can help, but not force, a child to make decisions around their religious choices and this must be considered. The understanding that a parent (unless safeguarding or child protection measures in place) as primary care giver is best placed to make decisions around family culture, lifestyle choices including religion and spiritual or moral guidance must also be considered.” Organisation respondent (East Renfrewshire Council)

Theme 2: The proposed changes will positively impact children’s rights and equalities

Of those who answered Question 6, 27% identify a potential positive impact of the proposed changes.

The proposed changes could further the rights of children by allowing children’s voices to be heard

Some of these respondents (primarily other individuals as well as a small number of local government organisations, teachers, and parents of a school aged child) feel that the proposed changes could have a positive impact and further the rights of children and young people. The main point raised is that the proposed changes would ensure that children and young people continue to have a say in their education and in matters that affect them.

The proposed changes could have a positive impact on inclusivity and equality

A small number of respondents (namely other individuals) suggest that the proposed changes could have a positive impact on inclusivity within schools. The main point raised is that pupil voice would be heard in the discussions, including those from a minority religion or who are non-religious. Respondents feel that current RO/RME provision is not always inclusive, and that the proposed changes could help to ensure that participation reflects children’s own beliefs and choices, fostering respect and validation.

The respondent quotes below are broadly reflective of the viewpoints expressed under this theme.

“Whilst efforts have been made to raise awareness of minority faiths that exist within our community, there are those faiths and beliefs who are even less represented, and it is natural for students from those faiths to feel excluded. Proposed changes to the legislation could see inclusion of the less well represented faiths and beliefs.” Organisation respondent (Spiritual Assembly of the Baha'is of Dundee)

“The proposals are likely to have a positive impact on children's rights by ensuring their views are considered in decisions affecting their education. This aligns with the UNCRC's emphasis on the right of children to be heard. In terms of equalities, the changes should promote inclusivity and respect for diverse beliefs.” Organisation respondent (Fife Council)

“These proposals would strengthen compliance with the UNCRC, by ensuring that pupils are active participants in decisions affecting them and promote equity by giving all pupils, regardless of age or background, a voice.” Organisation respondent (North Lanarkshire Council)