ABSTRACT
This chapter examines how the law in South Africa (SA) conceptualizes the right to freedom of education. It reviews the status of religious observances in schools. The chapter also examines religious dress and learners, as students are referred to in SA, discipline. It reviews the prohibition of corporal punishment in schools and its impact on the limitation of freedom of religion. The chapter discusses how secularism is in conflict with freedom of religion. The South African Constitution guarantees to everyone the freedom of association, including the right to establish educational institutions based on common values. The term 'religious observance' must be distinguished from 'religious instruction' and 'religious education'. Religion serves to regulate human behavior and sets the moral rules for what is acceptable for society. Religion concerns the believers' capacity to determine concepts of self-worth, views of society and the world. The chapter concludes with a reflection on the importance of the right to freedom of religion in education.
