Religious education and indoctrination in Northern Ireland and beyond after JR87

Abstract

The case of JR87 concerned the provision of religious education within Northern Ireland’s school system and, in particular, whether both the substance of that provision under the Religious Education and Collective Worship syllabus and the manner in which it was implemented were compatible with the European Convention on Human Rights (ECHR). The rights relied upon in the challenge were the right to education under Article 2 of Protocol 1 ECHR, read together with the right to freedom of thought, conscience and religion under Article 9 ECHR. At first instance, the Northern Ireland High Court granted a declaration that the relevant arrangements were in breach of the ECHR. Thereafter the Northern Ireland Court of Appeal overturned that decision and declared that there had been no breach. The United Kingdom Supreme Court, however, allowed the appeal against this decision and restored the High Court’s declaration. This case note outlines the principal elements of the Supreme Court’s reasoning and considers their implications not only in the instant case, but also more broadly, extending beyond the specific context of education in Northern Ireland.