The Children (Withdrawal from Religious Education and Amendment of UNCRC Compatibility Duty) (Scotland) Bill would make it more difficult for parents to withdraw their children from religious education (RE) and collective worship, also known as religious observance (RO).

The Education (Scotland) Act 1980 provides the statutory basis for RO/RE and allows parents to withdraw their children. However, there is no independent right to withdrawal for children, even when they are over 16.

Responding to the Equalities, Human Rights and Civil Justice Committee’s call for evidence, the NSS said the bill should be amended to repeal mandatory RO.

The NSS also recommended an independent right of withdrawal for pupils from RE (also known as religious and moral education in non-denominational schools) should be introduced until the subject is taught in an objective, pluralist manner.

The bill was introduced following the incorporation of the UN Convention on the Rights of the Child (UNCRC) into Scots law last summer. Article 14 of the convention enshrines a child’s independent right to freedom of religion or belief.

The Scottish government claims the bill would put its convention obligations “beyond doubt”, despite the committee which oversees the convention repeatedly recommending the repeal of laws mandating collective worship.

The bill would make the child’s views determinative when it comes to remaining in RO/RE. This means it would not be possible for a parent to withdraw a child from RO/RE against the child’s wishes.

However, the bill does not introduce a corresponding right for the child to withdraw from RO/RE against a parent’s wishes. The NSS said this asymmetrical approach was “nonsensical” and would leave children vulnerable to pressure from schools to remain in RO/RE, particularly in denominational schools.

National Secular Society human rights lead Dr Alejandro Sanchez said: “The Scottish government is right that reform of RO/RE laws are overdue.

“But this bill’s asymmetrical approach is fundamentally misguided: it flies in the face of the recommendations of the UN Committee on the Rights of the Child and flatly ignores the stated desires of young people.

“It’s now time for the Scottish government to change tack and amend this bill to actually uphold children’s right to freedom of religion or belief. That means repealing laws mandating religious observance and introducing an independent right of withdrawal from confessional religious education.”