E/CN.4/1987/35
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departments to prepare lists of members of the sect employed in the
departments. In another country, a large number of public officials of a
particular faith were dismissed from their posts for belonging to that faith;
retired officials were deprived of their pensions for the same reason;
furthermore, in the same country, a decree has been adopted requiring the
former officials belonging to that faith to pay back to the State the salaries
they were paid as officials.
64. Discrimination may also occur in the exercise of the right to health. In
one country, for example, the members of a religious community are denied
access to medical care. Obstacles, on religious grounds are sometimes put in
the way of obtaining housing. Thus, in one country, housing has on occasion
been refused to believers, quite illegally, however, according to the laws of
the country. Similarly, premises used, sometimes with legal permission, for
religious meetings have been attacked, their windows broken and doors smashed.
65. Discrimination in education may take a variety of forms. It may occur in
the form of vexations suffered at school by the children of believers on the
part of teachers or other pupils; in certain countries, young believers are
excluded from access to higher education. Sometimes, the discovery of a
student's adherence to a particular religious denomination may lead to his
expulsion from the university. Elsewhere, women belonging to a certain
religious congregation do not have the right to train to become nurses. In
one country, even access to education is denied to members of an outlawed
sect; a decree issued by the Ministry of Education stipulates that access to
teaching establishments is reserved for members of officially recognized
religions. Accordingly, hundreds of students at all levels, primary,
secondary and higher, were expelled from educational establishments for
belonging to this sect. It was proposed that they should be readmitted
provided they abjured their faith.
3.
Infringements of the right to bring up children in
accordance with the religion or belief chosen by
the parents (art. 5 of the Declaration)
66. Under the terms of article 5, paragraph 1, the parents or the legal
guardians of the child have the right to organize the life within the family
in accordance with their religion or belief. Article 5, paragraph 2,
recognizes that each child has the right to have access to education in the
matter of religion or belief in accordance with the wishes of his parents or
guardians, and not to be compelled to receive teaching on religion or belief
against their wishes. This paragraph stipulates that the best interests of
the child are the guiding principle in that regard. Article 5, paragraph 3,
stresses the need to protect the child from any discrimination on the grounds
of religion or belief, and to bring it up in a spirit of understanding and
çolerance for the beliefs of others.
67. As far as the organization of family life in accordance with the religion
or belief chosen is concerned, and bearing in mind, as specified in article 5,
paragraph 1, the moral education in which the parents or legal guardians
believe the child should be brought up, several examples clearly show that
this principle is not always respected. In a certain country, for instance,
parents belonging to a particular ethnic and religious community are forcibly
prevented, in spite of their beliefs, from performing certain rites on their
children, such as the circumcision of male children, or from giving them names