E/CN.4/2006/5/Add.4
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102. The Special Rapporteur encourages the Government to closely monitor the way
educational institutions are implementing the law, in order to avoid the feelings of
humiliation that were reported to her during her visit. She also recommends a flexible
implementation of the law which would accommodate the schoolchildren for whom the
display of religious symbols constitutes an essential part of their faith.
103. In all circumstances, the Government should uphold the principle of the best
interests of the child and guarantee the fundamental right of access to education, as has
been recommended by several United Nations treaty-monitoring bodies.
104. Moreover, the Government should take appropriate measures to better inform
school authorities, and more generally the French population, about the exact nature and
purpose of the law. It should be made clear that the wearing or display of religious
symbols is an essential part of the right to manifest one’s religion or belief that can only be
limited under restrictive conditions. The Government should also promptly provide
redress in any situation where persons have been the victim of discrimination or other act
of religious intolerance because of their religious symbols, including by prosecuting the
perpetrators of such acts in the relevant cases.
Acts of religious intolerance
105. The Jewish community, as well as its members, continue to be the target of a
number of acts of religious intolerance. More recently, members of other religious
communities, including Muslims, have reported that they were increasingly the victims of
acts of religious intolerance. The Special Rapporteur has noted that the Government takes
these acts very seriously and rarely underestimates their importance.
106. Regardless of the underlying reasons for these acts, the Special Rapporteur believes
that the Government of France should remain, extremely vigilant and continue to take the
appropriate measures to prosecute the perpetrators as well as to provide redress vis-à-vis
the victims. The Government may consider ways to facilitate the judicial procedures for
those victims in order to provide them with an even more appropriate form of redress.
The question of cult groups and certain new religious movements or communities of belief
107. The Special Rapporteur understands the legitimate concerns regarding the victims
of criminal acts that have been committed by certain religious groups or communities of
belief. She considers that, in many cases, the Government of France, and its judicial
apparatus, have adopted a responsible attitude and provided an appropriate response to
the offences committed.
108. However, she is of the opinion that the policy and measures that have been adopted
by the French authorities have provoked situations where the right to freedom of religion
or belief of members of these groups has been unduly limited. Moreover, the public
condemnation of some of these groups, as well as the stigmatization of their members, has
led to certain forms of discrimination, in particular vis-à-vis their children.