A/68/290
headscarves, turbans, kippas or religious jewellery, such as a cross attached to a
necklace. In many cases those restrictions particularly affect women from religious
minorities. Although there may be reasons for imposing limitations for specific
situations, the Special Rapporteur has noted that some of the measures taken in this
regard fail to meet all the requirements of article 18, paragraph 3, of the
International Covenant. For instance, laws prohibiting the Islamic headscarf in
public institutions are frequently based on conjectures that women do not wear such
head garments of their own free will. The empirical evidence for these conjectures
often remains questionable. Moreover, if there are some clear cases of impositions,
this experience will not necessarily suffice to justify general or broad prohibitions of
the headscarf in public life or by users of such public institutions as schools,
universities or public administration.
50. Under the principle of proportionality, States have always to look for less farreaching and less intrusive restrictions before issuing legislation that infringes on
freedom of religion or belief. Another part of the proportionality test concerns the
question of whether limitations are actually conducive to the legitimate purpose they
are supposed to foster. It may happen that measures do not only fail to serve the said
purpose; they may actually worsen the situation of many individuals, particularly
women, for instance by further restricting their spaces of personal movement and
infringing their rights to education and participation in public life.
3.
Gender and sexuality in school education programmes
51. According to article 13 of the International Covenant on Economic, Social and
Cultural Rights, every human being has the right to education. This has been
confirmed in other important human rights documents, including in article 28 of the
Convention on the Rights of the Child and article 24 of the Convention on the
Rights of Persons with Disabilities. The right to education, inter alia, functions as an
indispensable right for empowerment that facilitates the more effective use of many
other human rights, such as freedom of expression, the right to work, participation
in public life, cultural rights and freedom of religion or belief. In order to secure the
right to education for everyone, States should make elementary school education
mandatory, as requested by the Committee on Economic, Social and Cultural Rights
and by the Committee on the Rights of the Child. 10 Given the fact that in many
countries or regions the right to education continues to be denied for girls and
women, this provision has a particular significance for them.
52. To realize its potential for empowerment, education must also cover human
rights education, which necessarily includes the two human rights norms under
discussion here. Indeed, education plays a crucial role in all policies for eliminating
stereotypical gender roles and ideas of inequality of men and women, and it is
important to educate individuals about sexual and reproductive health issues and
their human rights in this regard. Likewise, education is of great significance in
policies for combating discrimination based on religion or belief by critically
addressing existing stereotypes and prejudices in this field. The voices of women,
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10
14/22
See Committee on Economic Social and Cultural Rights, General Comment No. 11 (1999),
E/C.12/1999/4, paras. 1 and 6; and General Comment No. 13 (1999), E/C.12/1999/10,
paras. 10 and 51; and Committee on the Rights of the Child, General Comment No. 7 (2005),
CRC/C/GC/7/Rev.1, para. 28.
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