Passive freedom of education: Educational choice in Flanders and the Netherlands

According to the ECHR, parents have the right to have their children educated in conformity with their own religious and philosophical convictions. In this contribution, we examine how this passive freedom of education is granted in the Belgian (Flemish) and Dutch education systems, which are both characterised by substantial funding of non-governmental (mainly Christian) schools. In order to do so, we will have a closer look at the diversity between denominational schools as well as to the diversity within these schools, with a particular focus on their school identity and their policy concerning Religious Education (RE). In addition, attention will be given to the organisation of RE classes in governmental schools, which is also considered a means to guarantee the passive freedom of education. Our analysis brings us to the conclusion that, in spite of a similar legal and financial framework, the Dutch constellation is currently best able to guarantee passive freedom of education for all in today’s secularised, pluralistic context