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

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SZABOLCS ANZELM SZUROMI, O.PRAEM.

of Weimar (1919), moreover ecclesiastical decrees of which were adapted by the Fundamental Law of Bonn, show precisely the gradual secularization process of state laws and of the society.4 Through this process have been crystalized not only different models of state and church relationship, but also a strong basis for religious freedom as one of the most emblematic expression of the human dignity. This new social and legal situation have needed new concept to protect the citizens’ rights for education based on their own religious conviction, without intervention of the state into religious affairs.5 Peter Card. Erdő points out, that even if a state does not follow in institutionalized form one particular religion or religious ideology, it does not mean necessarily that it makes the state automatically atheist.6 Nevertheless, the above described brief overview supports well, that within a secularized society every religious educational system has become more vulnerable than before, therefore the ecclesiastical education carries minority characters nowadays, as compared with neutral state- or private schools. Therefore, we cannot neglect to make remarks here regarding the principle and legal basis of the religious communities’ right to the teaching of their own faith, in order to educate trough that their children. The II Catholic - Orthodox Forum on October 22nd 2010 underlined in its closing Communiqué, that “The participants in the Forum believe that the role as dominating Church or State Church should not result in a legal discrimination for the other Churches and the members of minority religious groups, whose religious freedom should be fully guaranteed, including the right to profess their faith using any means respecting personal freedom.”7

I. The religious school

When we are talking about the religious schools in Eastern Europe, within former communist countries, we cannot forget that the suppression of the religious educational system represents in these countries the loss of their religious free4 Szuromi, Sz. A., The Changes of Modern Era Relation of Church and State in Europe, in Folia Canonica 8 (2005) 65-77.

5 Rouco Varela, A. M., El derecho a la educación, ¿de nuevo a debate?, in Rouco Varela, A. M., Ecclesia et tus. Escritos de derecho canónico y concordatario (Studia Canonica Matritensia I), Madrid 2014. 389-409.

6 Erdő, P., Az Európai Unió és az Egyház, [The European Union and the Churchl, in Erdő, E., Egyház., kultúra, társadalom [Church, Culture and Society], Budapest 2011. 273-277, especially 273-274.

7 II Catholic - Orthodox Forum, Communiqué, in Church and State relations: from Historical and Theological Perspectives (Atti del II Forum Europeo Cattolico - Ortodosso. Rodi, Grecia, 18-22 ottobre 2010), Bologna 2011.215-221, especially 217 (n. 3).