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Refusal or Limitations On The Number of Pupils of Another Conviction - Romania

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Refusal or Limitations On The Number of Pupils of Another Conviction - Romania

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landsome
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2010 Bruges Conference

From Passive Toleration to Active Appreciation of Diversity

governing board of a confessional (catholic) school


6. Does the head of a state funded denominational (e.g. Catholic) school has the right to
refuse pupils from other religious beliefs? Please refer to the provisions in the law.
7. Does the head of a state funded denominational (e.g. Catholic) school the authority to
limit the number of pupils from other religious beliefs (e.g. Muslim pupils) in order to
support the specificity of the project?

As noted, there are no state-funded denominational schools in Romania properly speaking,


although many private schools occasionally receive funds from various state agencies (local
or central).

As far as private non-state funded denominational schools are concerned, under Art. 12(2) of
the Education Act private religious educational institutions are exempted from the provision
prohibiting religious exclusion in education.

However, as indicated previously, most private denominational schools enroll students


belonging to different faiths.

IV. Point of views of the authorities concerning the teaching of Islam in denominational
(Catholic) education, Islam instruction or instruction on other convictions/beliefs in
denominational (catholic) schools for (a number of pupils requesting it) and alternative ethical
course
8. Is there a legal obligation to organise, if parents ask for, classes of Islamic religion in
denominational (Catholic) education funded by public authorities?
a. for any pupil for whom a request has been made?
b. from a minimum number of pupils for whom a request has been made?
9. Does the same obligation exist for the offer of
a. other religions and/or philosophical convictions
b. an alternative class of conception of life, philosophy, ethics
10. Can you shortly mention the pro and contra standpoints that have been expressed
concerning the respect of fundamental rights (among others, freedom of education
and right to education) in relation with this obligation?
11. Reference to the legal basis, with Website address, and also if possible to the
parliamentary preparation of texts.

There is no obligation in private denominational schools to organize RE classes in any faith


other than that of the governing denomination (see above on the relevant exemption).
Furthermore, since the applicable laws guarantee RE only to the 18 recognized
denominations, there is no obligation to offer RE classes in other faiths or alternative classes
in other philosophical worldviews – in either private or public schools.

Generally, debates on the nature of RE classes have revolved around two issues: their quasi-
mandatory status and the substance of what is taught (see “Additional comments” below). As
currently organized, RE has been accused of being incompatible with freedom of religion and
conscience, as exhibiting a fear- and punishment-based educational philosophy (mainly
Orthodox RE), and as painting an unfavourable image of other denominations and faiths.

For the Islamic religious minority, see the answer below for additional context.

V. Teaching of Islam in denominational (e.g. Catholic) schools at their own initiative


12. Can you confirm or invalidate the following affirmations, whenever possible with a
short explanation?

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