Consultation Paper: Proposals to amend the legislation on religious observance and religious education in schools to support alignment with the United Nations Convention on the Rights of the Child

Legislation on religious observance

4. Sections 8 and 9 of the 1980 Act refer to “religious observance” (essentially, acts of collective or individual worship) and “the provision of instruction in religion” (interpreted today as religious and moral education). Section 9 gives parents a right to withdraw their child (of any age) from both RO and from RME as a subject, without taking into account the views of the child. This also applies to denominational schools. Current Scottish Government guidance on RO (updated in 2017) states that schools should ensure learners' views are taken into account in discussions regarding their school experience. However, this guidance is non-statutory and this principle is not reflected in current legislation.