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Revista Studii Teologice

REVISTA FACULTĂŢILOR DE TEOLOGIE DIN PATRIARHIA ROMÂNĂ



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Învăţământul organizat de cultele religioase din România (între aspiraţiile cultelor, legislaţia actuală şi proiectele legilor educaţiei)" // "The Education Provided by Religious Denominations in Romania (the Denominations’ Aspirations versus the Current Legislation and the Bills on Education)



Autor(i): Alexandru Gabriel Gherasim
The present study aims to elucidate the contents of each of the three types of education – religious, theological and denominational – which the religious denominations recognized in Romania can provide. Such explanations are necessary mainly because there are certain inconsistencies between the legal provisions in the matter, namely the provisions of Romania’s Constitution – revised in 2003, those of the Law on Education – no. 84/1995, and those of the Law on religious freedom and the general status of religious denominations – no. 489/28 Dec. 2006.
The bills on education, currently under public debate, do not seem to clarify things either. Moreover, the religious denominations themselves have somehow different views on their educational mission. The official standpoint of fifteen out of the eighteen denominations acknowledged in Romania was presented on the occasion of the Symposium on „The role and place of religious and theological education in Romania”, under the aegis of the Ministry of Culture and Religious Affairs – the State Secretariat for Religious Affairs, held in Bucharest on 18th May, 2006; the Symposium’s works were published in a volume.
A critical examination of the Romanian legislation in effect, as well as the bills on education, outlines the three types of education which religious cults can provide. The denominations recognized by the State have the right to establish and manage educational institutions and bodies, in compliance with the legislation in effect (art. 9 paragraph 4 in the Law on Education). Educational bodies and institutions established by the religious denominations may be integrated or not integrated in the state educational system (cf Art. 35 and 37 in the Law on Religious Denominations). The only educational institutions run by the denominations, able to be integrated into the state educational system, are the theological schools (theological high-school seminaries and faculties of theology). The educational bodies and institutions established by denominations and not integrated into the state educational system form the denominational educational system.
In the denominational institutions, education may be organized in various forms (e.g. evening courses, full-time education, part-time education, distance learning courses), at all levels (i.e. pre-school, primary, secondary, vocational, higher education – art. 15 paragraph 5 in the Law on Education), with all theoretical or technical programs and specializations, as long as no express provision forbids a certain program. Apparently, the only program a denominational high school cannot have is the military, public order and security one. All other programs, including the theological one, may be offered by denominational schooling.
Consequently, religious denominations may establish two types of theological education institutions, either integrated or not integrated into the state educational system (cf art. 35 and 37 in the Law on Religious Denominations). The integrated ones will be managed according to the regulations of state education, while the non-integrated ones will be run according to the rules stipulated for denominational education. As far as religious education is concerned, the study of Religion as curriculum subject „is ensured by law for the recognized denominations”, in the state, private and denominational educational systems (cf art. 32 par. 1 and art. 39 par. 5 in the Law on Religious Denominations).
Another issue needs to be elucidated: the tripartite categorization of educational institutions: state, private and denominational ones (art. 32 par.5 in the Constitution), is rather unconvincing, given the classical sub-division of law in public and private (tertium non datur). The respective tripartite categorization seems to stem from the recognition of denominations as „legal persons of public utility” (art. 8 par. 1 in the Law on Religious Denominations). Given this special status, „the state will provide financial support to the denominational education, in compliance with the provisions of law” (art. 39 par. 3 in the Law on Religious Denominations).



Taguri:
Studiu
Pagini: 79-95