Introduction
In JR87, Application for Judicial Review [2024] NICA 34, the applicants argued that the mandatory Christian religious education ("RE") and collective worship ("CW") in controlled primary schools in Northern Ireland was contrary to the religious freedom provisions of the ECHR. The Northern Ireland Department of Education contested that view; but in July 2022, Colton J decided in favour of the applicants: see JR87, Re Application for Judicial Review (Rev1) [2022] NIQB 53. In brief, he found that RE and CW were not conveyed in an objective, critical and pluralist manner in Northern Ireland and that the relevant legislation contravened the applicants' Convention rights [trial judgment [74, 83 & 123]]. The Department of Education appealed [1-3].
The background
JR87, the first respondent, is now nine. From years 1 to 3 she attended a controlled primary school in Belfast and took part in non-denominational Christian religious education and collective worship [4]. Her parents did not profess any religious belief, describing themselves as "broadly humanist", and had not raised their daughter within any religious tradition [5]. Despite that, once she began attending school, they noticed that before eating, she would repeat a prayer she had learned at school and would ask them questions about God and religion [6].
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