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Legitimization of Religious Symbols in the Education - Development towards Pluralism or Secularism

A legal comparison in Germany, England and France and Introspection on the European Level

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Niran Hen

The author compares the legal system in three European countries: Germany, England and France, addressing the legitimacy of the prohibition on religious symbols in public education.

For assessment of the legal position of the right to religious freedom and the safeguard offered to religious rights in the different states, the author analyzed the following parameters: state-church relations, identification of unique and central constitutional norms and principles, observation of the historical role and position of religion in the educational system of each of the states and a review of case laws delivered by domestic courts.

Finally, the author considered the possibility of a unified, aligned European solution that will be enforceable on the member states by virtue of their obligation to abide by the European Convention on Human Rights.

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