Judicial Review of Religious Observance: Let young people choose

by Humanist Society Scotland

Judicial Review of Religious Observance: Let young people choose

by Humanist Society Scotland
Funded
on 04th October 2016
£3,765
pledged of £30,000 stretch target from 134 pledges

We need your support to help us challenge an unlawful decision by the Scottish Government.

On Monday 12th September we announced that we will be taking legal action against the Scottish Government to ensure that young people in Scotland have the right to opt-out of religious observance, the same as young people in England and Wales.

This follows years of research and lobbying for progressive change, which was ultimately unsuccessful.

About HSS

Humanist society Scotland (HSS) is a campaigning charity based in Scotland. We campaign on a range of equality and human rights issues, and seek to represent non-religious people in public life.

We are a democratic member-led organisation, with over 14,000 members across Scotland. We receive no Government funding and rely on our members and supporters to fund our valuable campaigning work.

About Religious Observance in Scotland

Religious Observance has been a requirement in all Scottish schools since 1872.

Since then there has been a legal right for parents to opt their children out of attending Religious Observance, however young people themselves do not have a right to opt-out in Scotland.

In June 2016, following a recommendation of the UN Committee on the Rights of the Child, we formally asked the Scottish Government to review it's policy.

The Scottish Government refused to change it's policy, and confirmed that young people do not have a right to opt-out.

About our legal challenge

We believe that by refusing to issue updated guidance, the Scottish Government may have acted unlawfully, by breaching human rights laws.

We must challenge this.

We're working with Legal Spark Law Centre, a social enterprise based in Glasgow, who are acting on our behalf.

The Director of Legal Spark Law Centre, Daniel Donaldson, said:


“We are happy to support the HSS in their campaign, and to be representing the HSS in such an important legal challenge

“The current legal position is untenable, the law is so out of date here that in effect, a school could attempt to force a young person to go to church even if it was against their wishes.

“Our human rights are meant to be protected in Scotland, and denying children and young people the right to opt-out of Religious Observance is wrong."


This is the most significant step we’ve ever taken as a campaigning charity, and we need your help.

This legal action is likely to cost us between £3,000 and £30,000. Since we do not receive any Government funding, we’re relying on you to help us.

By giving what you can today you are helping us to pay for the cost of legal support, drafting a Petition for Judicial Review, and contribute towards the cost of Court fees which can be more than £1400 per day.

What happens if we win?

If we are successful, we will ask the Court of Session to issue a 'Declarator of Incompatibility' - basically an instruction to the Scottish Government to review the law and policy around religious observance.

Please help us by giving what you can today.

Thank you for your support,

The HSS Team

All funds raised will go towards the costs of our Judicial Review. Any funds raised over this amount will be used for the promotion of Humanism, and our other policies and campaigns. More details at can be found our website www.humanism.scot. 

HSS is a Scottish charity, no SCO26570, and a Scottish company limited by guarantee, no SC413697. Registered address: Humanist Society Scotland, Playfair House, 6 Broughton Street Lane, Edinburgh, EH1 3LY.

Get updates about this case

Subscribe to receive email updates from the case owner on the latest news about the case.

Be a promoter

Your share on Facebook could raise £26 for the case

I'll share on Facebook
Update 1

Humanist Society Scotland

Oct. 4, 2016

Funded

We hit our first target!

Get updates about this case

Subscribe to receive email updates from the case owner on the latest news about the case.

    There are no public comments on this case page.