Constitutional Court
13 June 2000
Facts
The case was initiated by a group of members of the Parliament, who questioned the constitutionality of the provisions of the Law on Education, where only traditional religious communities have the privilege to establish educational institutions jointly with the state and municipalities, as well as the right to determine the requirements for these educational institutions. The applicant also questioned whether the provisions of the Constitution, which provide for payment of education in pre-school and supplementary education institutions, the right and duty of pupils and their parents to decide on religious instruction, and the teaching of ethics as an alternative to the teaching of religion, were not contrary to the Constitution.
Complaint
In the applicant's view, the provisions of the Law on Education contravene the principles of equality of persons, non-privilege and non-discrimination, state recognition of religious organisations, as well as the principles of separation of church and state (secular state), the absence of a state religion, and the constitutional principle of state care of the family, motherhood, fatherhood and childhood, and the constitutional principle of the right to freedom of thought, belief and conscience.
Court’s ruling
The Court stated that the provision of the Constitution that there are traditional churches and religious organisations in Lithuania is the constitutional basis on the basis of which the different status of traditional churches and religious organisations can be established in the State. Traditional churches and religious organisations may also be guaranteed by law rights that are not enjoyed by non-traditional churches and religious organisations. Therefore, the fact that the Law on Education provides for the right to be one of the founders of State or municipal educational institutions only for traditional religious communities, as well as the fact that it singles out the teaching of religion by traditional churches and religious organisations, does not provide grounds for the assertion that the contested legislation infringes the principle of equality of persons.
However, according to the Constitution, classes, groups, etc. may not be set up or otherwise formed to teach secular subjects based on religion in state and municipal education and training institutions. The Constitution is also contradicted by the compulsory harmonisation of the procedures for the establishment, reorganisation and dissolution of jointly established educational institutions (classes, groups) with the traditional religious communities recognised by the State, as the exercise of the powers of the State authorities becomes dependent on the will of religious organisations. This violates the constitutional principle of the separation of state and church. Moreover, in secular institutions, no requirements related to their beliefs may be imposed on teachers (except teachers of religion subjects) or other employees.
The provisions of the Law on Education, which give traditional religious communities the right to organise the certification of heads of jointly established educational institutions and teachers, to propose heads of educational institutions for appointment and dismissal, to supervise the activities of jointly established educational institutions, and to approve the regulations for their activities, are contrary to the Constitution. Only state and municipal authorities may organise the management and supervise the activities of state and municipal educational and training institutions.
The provision of the Law that establishes the right of the founders of state-recognised traditional religious communities - educational institutions - to supervise not only the teaching of their faiths in the institutions, but also the entire activity of these institutions is contrary to the Constitution. Such legal regulation violates the constitutional principle of the separation of state and church.