Atheism and secularism are philosophical convictions

Atheism and secularism are philosophical convictions. They are protected by Article 9 of the European convention and Article 44 of the Irish Constitution.

They come under the ‘belief’ category in ‘Religion and beliefs’.  You can have a religious belief or a philosophical belief; they are both protected by human rights law.

The European Court of Human rights found that secularism is a philosophical conviction worthy of respect in a democratic society. In Lautsi and Others v Italy 2011 the European Court stated that:

“58. Secondly, the Court emphasises that the supporters of secularism are able to lay claim to views attaining the “level of cogency, seriousness, cohesion and importance” required for them to be considered “convictions” within the meaning of Articles 9 of the Convention and 2 of Protocol No. 1 (see Campbell and Cosans v. the United Kingdom, 25 February 1982, §36, Series A no. 48). More precisely, their views must be regarded as “philosophical convictions”, within the meaning of the second sentence of Article 2 of Protocol No. 1, given that they are worthy of “respect ‘in a democratic society’”, are not incompatible with human dignity and do not conflict with the fundamental right of the child to education (ibid.).”

The European Court also found that a belief in secularism was protected by Article 2 of Protocol 1, the right to education.

The Irish state provides for the education of our children in denominational, interdenominational and multi-denominational schools. There is not a teacher in Ireland that is taught that the supporters of secularism are able to lay claim to views that puts them in the category of a ‘belief’ under the right to freedom of ‘religion and belief’.

In their Guidelines on the Inclusion of other beliefs in schools, the Catholic Church claims that humanism and atheism are not belief systems, they don’t refer to secularism. The Department of Education has no Guidelines in place. Its not rocket science to understand that the supporters of secularism will have objections on conscience grounds to catholic education or any type  of denominational,  multi-denominational or interdenominational education. We can understand how Catholic parents would have objections to secular education, why is it so difficult to see it both ways? Inclusion does not mean that we should be included in the Catholic religion or any multi-denominational belief system. Atheism and secularism are not denominations.

The UN General Comment on Article 18 of the International Covenant on Civil and Political rights states that:

“Article 18 protects theistic, non-theistic and atheistic beliefs, as well as the right not to profess any religion or belief. The terms belief and religion are to be broadly construed. Article 18 is not limited in its application to traditional religions or to religions and beliefs with institutional characteristics or practices analogous to those of traditional religions. The Committee therefore views with concern any tendency to discriminate against any religion or belief for any reasons, including the fact that they are newly established, or represent religious minorities that may be the subject of hostility by a predominant religious community.”

In a case in 2011 at the High Court, Justice Hogan said the following:-

“35. There is thus no doubt at all but that parents have the constitutional right to raise their children by reference to their own religious and philosophical views.”

“27. Along with the guarantee of free speech in Article 40.6.i, Article 44.2.1 guarantees freedom of conscience and the free practice of religion. Taken together, these constitutional provisions ensure that, subject to limited exceptions, all citizens have complete freedom of philosophical and religious thought, along with the freedom to speak their mind and to say what they please in all such matters….”

(AB v Children’s Hospital Temple Street & CD & EF –January 2011

Secularism and atheism are philosophical convictions protected by Article 44 of the Constitution, Article 9 and Article 2 of Protocol 1 of the European Convention and Article 18 of the International Covenant on Civil and Political rights.

We have exactly the same rights as religious parents have, so why are our parental rights ignored and our children indoctrinated into a religious understanding of the world?