wfn.org | European Court Rejects Schoolchildren's Appeal

["Christian B. Schäffler" <APD_Info_Schweiz@compuserve.com>]

June 13, 1999
Adventist Press Service(APD)
Christian B. Schäffler, Editor-in-chief
Fax +41-61-261 61 18
APD@stanet.ch
http://www.stanet.ch/APD
CH-4003 Basel, Switzerland 
 

European Court Rejects Schoolchildren's Appeal: 
Puts State Education Demands Before Religious Freedom

Strasburg, France.   The judgment of the European Court of 
Human Rights in the case of schoolchildren from 
Luxemburg puts the demands of state education before the 
principles of religious freedom.

The case brought by the children's families appealed 
for the education authorities in Luxemburg to allow children 
exemption from school attendance on Sabbath (Saturday). 
The European Court in Strasburg, France, rejected the appeal, 
upholding the verdict of the Luxemburg administrative 
tribunal.

The Luxemburg tribunal had stated that "the right to 
education is part of the fundamental rights in a 
state, and these must be protected, and may restrain the 
liberty to manifest one's religion. It is necessary in a 
democratic society to protect the educational rights."

The Court concluded that the refusal of the Luxemburg 
authorities for exemption from school attendance 
on Saturdays was justified "on the basis of the 
right to instruction" and rejected the families' appeal.

In reaching this verdict, the Court appears to be voiding the 
concept of the right to freely practice religion in 
contravention of the Universal Declaration of 
Human Rights, says Maurice Verfaillie, Religious Liberty 
director for the Seventh-day Church in the European region.

"We increasingly see rights being brought into conflict," 
says Verfaillie. "Even though the right to religious 
freedom is protected by the law, there is a tendency to 
increase the restrictions of this right in the name of other 
rights which are considered more important."

"The Declaration, signed by the relevant European 
countries, guarantees the right to freely choose and 
practice one's religion. This judgment is of great concern 
since it disregards the right to observe a day of worship 
according to one's conscience. We are strong supporters 
of education, but cannot accept a legal prohibition on the 
right to worship," concludes Verfaillie.