Aim of these paper is to represent religious education as one aspect of human rights. By defining concept of human rights we will try to perceive his basic aspects which are contained in international documents of human rights. In agenda of human rights religion have important place, and from second half of 20th century religion have been designated as important factor in process of developing tolerance and intercultural appreciation. Therefore, learning about faith is established practice in well-built European countries and result of belief that religion has huge potential in building versatile person. Secular organization does not impose principle of strict separation between state and church, but the law system recognizes concept of cooperative separation which offers chance for cooperation in realization those activities that are important for society. Religious education in national education system has its own specifics determinated by socio- political circumstances, but returning these subject in education system is positive step that Serbian state made in promotion of human rights. Beside legal aspects we will pay attention on pedagogical aspects of religious education in Serbia in order to underline positive aspects and to highlight existing problems.