A/HRC/19/60/Add.2
religion or belief.12 Civic education, which constitutes a mandatory part of the national
curriculum in the Republic of Moldova, can play an important role in this regard, as can the
history curriculum and, potentially, other curriculum areas as well. The Special Rapporteur
was informed that civic education programmes include information about religious and
belief diversity, as well as human rights in general. He would like to highlight the
importance for these programmes to reflect the diversity of Moldovan society in the past
and present.
48.
The public school system in the Republic of Moldova is secular and does not
provide for mandatory religious instruction. However, following Government decision 596
of 2 July 2010 on teaching religion in educational institutions, religious instruction entitled
“religion” has been included in the curriculum for primary and secondary schools, to be
taught optionally and upon the request of the parents or legal guardians of the child. These
new optional curriculum elements apparently supplement a previously existing curriculum
with religious content. According to information provided by the Ministry of Education, all
registered religious denominations had been invited to participate in consultations about the
new curricula. Those responding to the invitation eventually established two groups, each
of which elaborated their own separate curriculum: one group composed of the various
Orthodox denominations and also joined by the Roman Catholic Church, the other of a
coalition of Protestant denominations. This may also count as an important step towards the
advancement of cross-denominational communication in the country.
49.
Although the optional nature of religious instruction has been emphasized by the
Ministry of Education, doubts remain with regard to its effective and human rights-based
implementation in practice. The Special Rapporteur repeatedly heard allegations about
Orthodox priests or principals using their authority in schools to urge pupils to bring
signatures from their parents for enrolment in religious instruction. This would amount to a
violation of existing regulations providing for the strictly voluntary nature of religious
instruction. Perhaps more importantly, there appears to be no mechanism to ensure that
children or parents declining to receive religious instruction are not subject to negative
repercussions from school authorities, parents or other children. The Special Rapporteur is
of the view that such safeguards must be developed and implemented if everyone’s freedom
of religion or belief, including the right not to profess any religion, is to be safeguarded
effectively. Given the highly sensitive nature of this issue, the Government should reach out
proactively to the population to clarify the status of religious instruction. Providing
effective protection for non-attending children against pressure from school authorities,
church officials, other children, or any other party should be a priority.
50.
Religious instruction is also optional in the Transnistrian region of the Republic of
Moldova. While this option seems to be open to various religions or beliefs, Orthodox
Christianity appears to enjoy a de facto privileged treatment.
E.
Conscientious objection to military service
51.
According to article 10 of the 2007 Law on Religious Denominations, the State is
required to establish by law alternative service for the citizens who cannot perform military
service due to confessional reasons. A provision for alternative service was first enshrined
in Law No. 633/XII of 9 July 1991on alternative service adopted, as amended by Law No.
534 of 22 July 1999. Law No.156-XVI, adopted on 6 July 2007, further revised the
organization of civilian (alternative) service. The new law addressed several concerns
12
14
See the report of the Special Rapporteur on freedom of religion or belief and school education
(A/HRC/16/53).