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2006 Annals Fac. L. Belgrade Int'l Ed. 4 (2006)

handle is hein.journals/annabel1 and id is 1 raw text is: ARTICLES Sima Avramovi6 RIGHT TO RELIGIOUS INSTRUCTION IN PUBLIC SCHOOLS The author contradicts current objections that introduction of religious instruction in public schools is unconstitutional and contrary to international legal documents. He analyses in detail the principle of state and church separation in comparative European law, pointing out that although legal systems in most countries recognize the principle of separation and religious neutrality, they have still established religious instruction in their public schools. He stresses in particular that different and more modern understanding of separation, including the idea of co-operative relation between state and church, marks a significant tendency in contemporary law in Europe. He analyses international documents and international court decisions in connection iiith the current legislation in Serbia, 1i'here religious instruction in public schools is taught as an optional subject together with civic education. Therefore he thoroughly argues wrhy, in such a context, religious instruction in public schools does not violate any of the following principles: right not to manifest religious attitude, right that no one shall be subject to religious coercion, liberty of parents to ensure the religious and moral instruction of their children in conformity writh their own convictions, and children's right to freedom of thought, conscience and religion. The author points to the comparative legislation of European countries, showiing that religious instruction in public schools exists nearly everywhere, except in Albania, Slovenia and France (apart from its North-Eastern provinces). Existence of the religious instruction in legal systems of European countries is not considered as a violation of any national or international legal principles, including the principle of state neutrality towards religion. The author concludes that the introduction of religious instruction in public schools enacted in the current Serbian legislation is neither conservative nor unconstitutional, but a step towards full respect of religious freedom and harmonization of the national law wiith the one in European countries. Keywords: Religious instruction in public schools. Separation of State and Church. Rights of the child. Rights of the parent. The last few years have been marked with heated debate on the introduction of religious instruction to public schools. The Government of the Republic of Serbia passed at first the Decree on organization and

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