Schools will now need to inform pupils when a request is made by a parent or carer to withdraw them from religious observance and to consider any objection the young person may have, under legislation backed by MSPs.
The Children (Withdrawal from Religious Education and Amendment of UNCRC Compatibility Duty) (Scotland) Bill was passed in a final Stage 3 vote in the Scottish Parliament.
The Bill was introduced to Parliament to clarify the legal position around the withdrawal of pupils from religious observance in schools. The changes will align legislation with existing guidance on religious observance to strengthen alignment with the United Nations Convention on the Rights of the Child (UNCRC) in its international form.
Once brought into effect, the legislation will strengthen pupil’s rights in relation to religious observance and religious and moral education.
Education Secretary Jenny Gilruth said: “This Bill strengthens the protection and promotion of children’s rights in education, as well as those of their parents and carers. It builds on the wider progress we have made around the human rights of children and young people, while also ensuring parents continue to have a say on the religious elements of their child’s education.
“I recognise the wide range of views heard as the Bill has proceeded through the Parliamentary process. We will continue to adopt a collegiate and inclusive approach as these changes are implemented, including in the development of the new statutory guidance to accompany the legislation.“
The Bill contains targeted and technical measures aimed at enhancing the coherence and clarity of the processes for withdrawal from Religious Observance (RO) in schools, as well as the operation of the United Nations Convention on the Rights of the Child (Incorporation) (Scotland) Act.
It adds an exemption to the section 6 compatibility duty within the UNCRC in circumstances where a public authority is compelled to act incompatibly with Convention requirements in fulfilment of another Act of the Scottish Parliament.
This change will provide clarity and ensure legal coherence. Work to prepare for the implementation of the provisions will get underway following Royal Assent.
