Do constitutions protect the right to education based on religion?


 

This map shows whether a country’s constitution protects the right to education on the basis of religion.

Only constitutional provisions are included in this map. Legislative protections are not shown here. Read more about why constitutions matter.

More information:

  • The right to education is considered to be protected when the following are explicitly granted on the basis of religion or are granted in general and the constitution states that individuals enjoy rights on an equal basis regardless of their religion: the right to education, the right to education at all levels, the right to compulsory education, the right to free education, and the prohibition of discrimination in education.
  • None specific to religion means that the constitution does not explicitly protect the right to education on the basis of religion. This does not mean that the constitution denies this right, but that it does not explicitly include it. The country may protect citizens’ right to education, but not specifically on the basis of religion.
  • Aspirational means that the constitution protects the right to education based on religion but does not use language strong enough to be considered a guarantee. For example, constitutions in this category might state that the country aims to ensure religious minorities have the right to education.
  • Specifically guaranteed with exceptions includes cases where equity in education is guaranteed on the basis of religion, but allows this protection to be curtailed in certain circumstances based on religion. This category does not apply to this map as there are no countries that have exceptions to protection against discrimination in education based on religion.
  • Broadly guaranteed means that the constitution guarantees the right to education to citizens and provides general protection against discrimination on the basis of religion, but does not specifically protect against discrimination in education based on religion.  
  • Specifically guaranteed means that the constitution guarantees the right to education and protects against discrimination in education based on religion in authoritative language. For example, constitutions in this category might guarantee protection against discrimination in education based on religion or make it the State’s responsibility to ensure this right.
  • On mouseover on the map, a note may appear for some countries which indicates “potential positive action”. This is a measure or measures that may be taken to compensate for past discrimination or current inequalities on the basis of religion. Positive action can be framed in guaranteed terms (e.g., “the State shall adopt measures of affirmative action in education for religious minorities”) or in terms that leave open the possibility for positive action (e.g., “Nothing in this article shall prevent the State from taking measures to promote the education of religious minorities, in order to address past discrimination against them”).