Folia Theologica et Canonica 5. 27/19 (2016)
IUS CANONICUM - Szabolcs Anzelm Szuromi, O.Praem., The religious dimension of education as one the primary principles of religious freedom based on human dignity
THE RELIGIOUS DIMENSION OF EDUCATION... 139 dom during the time of the communist dictatorship. Like in Hungary, when on June 16"' 1948 the Hungarian Parliament accepted the secularization of the entire educational system by Act 33/1948. István Barankovics (t 1974) - who represented the minority opinion - concluded his parliamentary speech: “This prepared new law certainly will get the majority sympathy of the Parliament; however it will never get the volitional and emotional acceptance of the majority of the Hungarian Nation.”* Therefore, it must be underlined that the religious educational system does not only depend on emotions, but it is a clear element of the really existing liberty, justice, solidarity and peace in the particular country. This testifies the acceptance of the cultural values, the religions, and the natural characteristic of the citizens.’ Already Pope Pius XI (1922-1939) dedicated an Encyclical letter Divini illius magistri (December 31s' 1929) to the right of parents to educate their children in ecclesiastical school, following freely their own faith, which is recognized by the state.8 9 10 11 The pope explicitly argues in this document, Art. 8: “(...) From this we see the supreme importance of Christian education, not merely for each individual, but for families and for the whole of human society, whose perfection comes from the perfection of the elements that compose it. From these same principles, the excellence, we may well call it the unsurpassed excellence, ot the work of Christian education becomes manifest and clear; for after all it aims at securing the Supreme Good, that is, God, for the souls of those who are being educated, and the maximum of well-being possible here below for human society (...)”." Pope Pius XI points out also, that: "(...) Besides every Christian child or youth has a strict right to instruction in harmony with the teaching of the Church, the pillar and ground of truth. And whoever disturbs the pupil’s Faith in any way, does him grave wrong, inasmuch as he abuses the trust which children place in their teachers, and takes unfair advantage of their inexperience and of their natural craving for unrestrained liberty, at once illusory and false L..).”12 Obviously, beside the cited document we cannot forget those particular social, political, even legal transformations which had happened between the two wars. Nevertheless, the above cited papal description - because the argumentation proceeds from the basis of human dignity - is applicable to any denomination. If we take a glance into the Universal Declaration of Human Rights 8 Mészáros, I., Mindszenty és Ortutay. Iskolatörténeti vázlat: I945-I94S [Mindszenty and Ortutay. An outline of Schooi-history: 1945-19481, Budapest 1989. 175. 9 Rouco Varela, A. M„ EI derecho a la educación y sus titulares, ¿de nuevo en la incertidumbre histórica?, in Rouco Varela, A. M., Ecclesia et lus. Escritos de derecho canónico y concordatario (Studia Canonica Matritensia 1), Madrid 2014. 339-365, especially 340. 10 Pius XI, Litt. Ene. Divini illius magistri (31 dec. 1929): AAS 22 (1930) 49-86. 11 Pius XI, Litt. Ene., Divini illius magistri (31 dec. 1929): AAS 22 (1930) 49. 12 Pius XI, Litt. Ene., Divini illius magistri (31 dec. 1929): AAS 22 ( 1930) 52.
