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and intersectional discriminations — in other words, in the intersection of religious
minority status and gender — may arise (see A/HRC/31/18/Add.1). Moreover,
converts, agnostics, atheists and others may face even greater difficulties to fit into
the limited options provided by State-enforced religious family laws. Although
reforms with the purpose of accommodating the existing and emerging pluralism in
a non-discriminatory way should be a priority, many Governments seem to be
reluctant to tackle these issues.
4.
Violations in the context of school education
53. The school is an institution designed to fulfil human rights, in particular, the
right to education, as enshrined in article 13 of the International Covenant on
Economic, Social and Cultural Rights, article 28 of the Convention on the Rights of
the Child and similar provisions. In order to ensure this right for every child, States
have the obligation to render elementary school education mandatory. However,
school is also an environment in which serious human rights problems may arise. In
public schools, children regularly experience the authority of teachers, who, as
public officials, may also represent the authority of the State. Furthermore, children
may suffer peer pressure and bullying, a problem that disproportionately affects
children from minorities.
54. Parents belonging to religious minorities, or parents wh o have converted away
from the predominant religion, sometimes fear that school education may be utilized
to alienate their children from them. The Special Rapporteur heard reports about the
disrespectful treatment of children during religious fasting seasons, when children
were exposed to expectations clearly articulated by their teachers that they should
eat the food served in school, thereby breaking the fasting rules of their religion.
55. Whenever religious ceremonies, such as public prayers or acts o f collective
worship, are performed in school, and in particular during regular school hours,
safeguards are needed to ensure that no child feels compelled to participate in such
ceremonies against his or her free will or the will of his or her parents. Th e same
caveat applies to religious instruction in schools (see A/HRC/16/53). In paragraph 6
of its general comment No. 22, the Human Rights Committee noted that public
education that includes instruction in a particular religion or belief is inconsistent
with article 18 (4) of the International Covenant on Civil and Political Rights unless
provision is made for non-discriminatory exemptions or alternatives that would
accommodate the wishes of parents and guardians. In practice, however, such
provisions, if they exist at all, are often ignored, possibly as a result of ignorance or
lack of systematic monitoring or even in a deliberate attempt to convert children
belonging to religious minorities to the hegemonic re ligion of the country.
56. In view of the compulsory status of school education, attempts at converting
children in the school context may amount to serious violations of the absolutely
protected forum internum dimension of freedom of religion or belief. At the same
time, such attempts may violate the rights of parents to ensure a religious and moral
upbringing of their child — who has not yet reached religious maturity — in
conformity with their own convictions, as enshrined in article 18 (4) of the
International Covenant on Civil and Political Rights and article 14 (2) of the
Convention on the Rights of the Child (see A/70/286).
57. Whereas religious instruction — in the understanding of familiarizing students
with their own or their parents’ faith — requires safeguards to avoid any involuntary
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