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Law and Religious Diversity in Education: The Right to Difference

The method: legal pluralism and comparative constitutional law: complementary methodology in the protection of religious difference Legal hybridity and legal pluralism: state law as one way of imagining the real The relationship of international and comparative law with legal pluralism The value of difference in comparative law and human rights The protection of religious difference in times of legal plurality The concepts: revisiting religious diversity within multicultural classrooms: religious freedom, education and equality Introduction: human rights and normative conflict The right to freedom of religion in education: religion as a secular blasphemy?Secularization, secularism and the right to religious freedom Educational autonomy, religious freedom and equality The neutrality of education and the principle of equality The standards: interpreting the content of rights: the legal interaction of religious freedom, education and non-discrimination Introduction: the relevance of religion in education The nature of the right to education The content of the right to education in its religious/cultural dimension The right to religious freedom within education: a path towards co-existence?The right to equality and non-discrimination in the context of religious diversity in public education Plural public education in Israel: for equal or different students?Legal pluralism in Israel: the context The Normative justification of the close entanglement between religion and the State in education The design of educational religious pluralism: general features Constitutional pluralism and religious diversity The ambiguous principle of equality The role of the State in Israel in the provision of religious services Educational diversification according to religious belonging Arab sector education: patterns of discrimination against Israeli Palestinian Arab learners Funding Infrastructure and classroom shortages School Attendance Ultra-Orthodox education A Gendered Educational Philosophy Content of Education Case law The Immanuel “Beis Yaakov” School Segregation Case The Core Curriculum case law Educational pluralism, autonomy and accommodation of religious identity in Israeli state-sponsored schools Concluding remarks: education and democratic governance Avoiding religion? The question of religious identity conflicts in education in South Africa Introduction: legal pluralism in South Africa Equality and difference: constitutional contours and interpretation The right to religious freedom Religion and the right to education in South Africa: accommodating difference in schools?Religion with(out) culture The right to education The special case of independent schools in South Africa The South African approach to religious diversity in education A historical account: the legacies of apartheid Religion in education in contemporary South Africa Desegregation: a determining framing factor Effects of religious diversity policy in education: governance implications From tradition to modernity and back: religious diversity in English schools as a test-case for multicultural societies Introduction: multiculturalism, legal pluralism and conflict Education and faith in curricular development in the UK Religion in education: the legal framework Types of schools Religion and equality The special case of ‘faith schools’ in Britain The question of citizenship education in a post-multicultural setting Religious literacy and religious education policy outcomes The place of religious education in the national curriculum Teachers’ Agency in delivering religious diversity in education Religious freedom as manifestation: religious symbols and school uniforms ‘Faith schools’ as a test-ground of religious diversity education Concluding remarks: the ambiguous role of religious belief in English public education Negotiating religious identity in public classrooms Introduction: the efficiency of legal pluralism as a frame in religiously diverse education: power, agency and the law Religious diversity as a conflict regulating factor: testing the limits of the social magic of law Religious education as a public good (In)equality in and through education The management of religious disputes within education in plural societies: methods, conditions and challenges The role of context in promoting religious diversity in education Religious pluralism and the new role of the State The challenges of education systems in protecting religious difference Legal empowerment through religious diversity in schools Religion in education: a shifting agenda Education as development: globalizing and transnational dimensions ‘Faith schools’: religious communities’ agency in action Religious diversity in education within an empowerment frame Religious identity-building as empowerment Religious education and citizenship – plurality as opportunity Concluding remarks

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The South African approach to religious diversity in education
A historical account: the legacies of apartheid In colonial terms, the instruction and indoctrination according to a specific system of faith was not a neutral project: in South Africa, the propagation of missionary schools by the English had the aim of anglicizing Africans (and Afrikaners) towards...
(Law and Religious Diversity in Education: The Right to Difference)
Teachers’ Agency in delivering religious diversity in education
The declining number of practicing Christian believers among teachers was already a policy concern in the mid-1980s. It has been consistently connected with the risk that teachers’ commitment and belief in the need for church schools may reduce, leading at to a gradual loss of their religious distinctiveness...
(Law and Religious Diversity in Education: The Right to Difference)
The role of context in promoting religious diversity in education
The experience of the cyclical movement of multiculturalist policies in the UK, but also elsewhere in the world, showcases the dynamics of a growing trend Negotiating religious identity 201 towards ‘'aggressive majoritarianism’. See Katy Sian, Ian Law and Salman Sayyid, ‘Debates on Difference...
(Law and Religious Diversity in Education: The Right to Difference)
Religious diversity in education within an empowerment frame
Based on Martha Nussbaum’s conceptualization of ‘human capabilities’ as an approach to establish a threshold of social justice, it becomes relevant to explore if and how religious diversity in education can contribute towards empowerment of learners. As exposed in previous chapters, pluralism and...
(Law and Religious Diversity in Education: The Right to Difference)
Introduction: the efficiency of legal pluralism as a frame in religiously diverse education: power, agency and the law
The legal challenge in regulating and promoting religious diversity in public education across very different countries has one common basis: it presupposes the development and subsequent use of mechanisms that while engaging with legal, political and religious systems, recognize a base of broadly shared...
(Law and Religious Diversity in Education: The Right to Difference)
Religious diversity, epistemic relativity and religious education
Achieving true religious pluralism has not been an ‘easy self given the complexities associated with how schools are structured, the politics of what knowledge is of most worth and the religious diversities students and teachers bring to the table. Thus, scholars have suggested various models of inclusion...
(Religious Education in Malawi and Ghana: Perspectives on Religious Misrepresentation and Misclusion)
The concepts: revisiting religious diversity within multicultural classrooms: religious freedom, education and equality
Introduction: human rights and normative conflict The transformative power of human rights is hard to question. What is less clear, particularly outside the confines of the Western world, is the degree of the authentically universal components of the current body of human rights. For a discussion...
(Law and Religious Diversity in Education: The Right to Difference)
The right to equality and non-discrimination in the context of religious diversity in public education
The notion of equality as connected to non-discrimination stems from the double recognition that all members of society (both those belonging to religious majorities and minorities) deserve equal recognition from the law; and that the use of actionable and enforceable legal rights are the legal vehicles...
(Law and Religious Diversity in Education: The Right to Difference)
Effects of religious diversity policy in education: governance implications
Racism in the social sphere persists in South Africa. Among others, the 2009 Ministerial Report of Craig Soudien on “Transformation and social cohesion and elimination of discrimination in public higher education institutions” claims that tensions arising from diversity have not been eased. The recurring...
(Law and Religious Diversity in Education: The Right to Difference)
‘Faith schools’ as a test-ground of religious diversity education
‘Faith schools’ or schools of ‘religious character’ represent a controversial category of schools in England. They are organized similarly to other State schools and follow the national curriculum except for religious studies, where they enjoy discretion to formulate content about their own faith....
(Law and Religious Diversity in Education: The Right to Difference)