E/CN.4/1988/45
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religious instruction of any kind in schools and other public teaching
institutions. Consequently, any discrimination against children on the
grounds of their attitude towards religion or their belief is also
probibited. School curricula are designed to give children an
internationalist education in a spirit of peace, friendship and mutual
respect. If the parents or guardian so desire, a child may receive religious
instruction within the family and, when he has attained his majority, he may
enter an ecclesiastical teaching institution of his faith. Thus, in matters
of education, the child's interests come first; any action which may impair
the health or physical, intellectual and moral development of the child is
prohibited and is punishable.
Soviet citizens enjoy genuine freedom of conscience, which may be
restricted only by the constitutional provision stating that 'the exercise by
citizens of their rights and freedoms must not be prejudicial to the interests
of society and the State or to the rights-of other citizens' (article 39) and
goes together with the duties which every citizen must fulfil. Religious
beliefs are not a matter for criminal or court action in the Soviet Union.
Any premeditated infringement of the laws on the separation of the Church is
subject to criminal and administrative penalties (articles 142 and 227 of the
Criminal Code of the RSFSR) and includes collecting taxes unlawfully,
disturbing public order on the pretext of committing fraudulent acts for the
purpose of encouraging religious superstitions and impairing the health,
integrity and rights of citizens. Any official who infringes the rights of
believers is also liable to criminal penalties under article 142.
In the case of persons sentenced for acts against the Soviet State
(article 70 of the Criminal Code of the RSFSR), for the systematic
dissemination of slanderous allegations denigrating the political and social
system (article 190.1) or for plundering, speculation, engaging in a
prohibited trade, hooliganism and other violations of the Criminal Code,
neither their religious beliefs nor, moreover, atheism, as the case may be,
may be claimed as grounds for exemption from liability.
Believers who are liable to a custodial sentence for having committed
punishable acts are also entitled to practise any religion and perform
religious rites in places of detention, provided that the rules in force are
respected.
Allegations that believers who are serving a sentence are held in
solitary confinement because of their beliefs are unfounded. The type of
detention under which a convicted person is held may be changed only in the
event of flagrant and repeated violations of the established rules of conduct
in rehabilitation centres.
The allegations that members of religious groups in the Soviet Union are
placed in psychiatric hospitals are also unfounded. Under Soviet legislation,
internment in a psychiatric hospital for compulsory treatment may be ordered
only by a court against an individual who has committed a socially dangerous
act and is recognized by a competent psychiatric board as being irresponsible
because of mental illness.
Like other citizens serving a custodial sentence, believers are entitled
to apply for a judicial pardon. Such applications are usually accepted. In
1987, the Soviet State acted on humanitarian grounds to pardon 43 religious