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including their different and possibly conflicting assessments, should always be part
of the broader picture when informing about religions and beliefs.
53. Within the broad field of education, school education warrants specific
attention. Besides providing a place of learning in which students can realize their
right to education, the school is also a place in which authority is exercised (see
A/HRC/16/53, para. 23). In particular, children of a tender age typically experience
the teacher as a person wielding a high degree of authority. In addition, students
may be exposed to pressure from their peers. For some students, particularly those
belonging to ethnic, linguistic, religious or other minorities, this harbours the risk of
creating a vulnerable situation. Parents from minorities may furthermore fear that
the school could alienate their children from the family, including from the religion
of their family. All of this calls for systematic attention with a view to dispelling
fears, building trust, avoiding risk situations and overcoming the vulnerable
situations of students and their families.
54. From a normative perspective, school education falls in the focus of a number
of human rights, including the right to education, minority rights, equality between
men and women, and freedom of religion or belief. As a subcategory to freedom of
religion or belief, article 18, paragraph 4 of the International Covenant on Civil and
Political Rights demands respect for the “liberty of parents and, when applicable,
legal guardians to ensure the religious and moral education of their children in
conformity with their own convictions”. This provision should not be interpreted in
isolation but should be read in conjunction with article 5 and article 14, paragraph 2,
of the Convention on the Rights of the Child, which require parents and legal
guardians to provide appropriate direction and guidance “in a manner consistent
with the evolving capacities of the child”. With regard to adolescents, the
Committee on the Rights of the Child emphasizes that States parties should provide
them “with access to sexual and reproductive information, including on family
planning and contraceptives, the dangers of early pregnancy, the prevention of
HIV/AIDS and the prevention and treatment of sexually transmitted diseases”. 11
The Committee furthermore insists that adolescents should “have access to
appropriate information, regardless of […] whether their parents or guardians
consent”.11
55. School curricula or other programmes addressing gender or sexuality issues
have sometimes triggered resistance on the part of parents who fear that this might
go against their moral convictions. Quite frequently, such opposition results from
religious or other conscience-based positions, thereby possibly becoming an issue
under freedom of religion or belief. There is no general recipe for handling such
conflicts in practice. Each individual case requires a careful analysis of the specific
context and of the human rights norms invoked by the conflicting parties. One
should bear in mind that neither the right to education, including education “in the
spirit of … equality of sexes”, 12 nor the right to freedom of religion or belief can be
dispensed with, since both have the status of inalienable human rights. It is always
advisable to try to prevent or de-escalate conflicts, for instance by training teachers,
dispelling mistrust and misunderstandings and establishing outreach programmes
towards particular communities.
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12
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Committee on the Rights of the Child, General Comment No. 4, CRC/GC/2003/4, para. 28.
Article 29, para. 1 (d), of the Convention on the Rights of the Child.
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