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vulnerability. Given this ambivalence of the school situation, safeguards to protect the
individual’s right to freedom of religion or belief are necessary. Special attention must
be given to the forum internum component of freedom of religion or belief which
enjoys the status of an absolute guarantee under international human rights law. With
regard to the freedom to manifest one’s religion or belief, both the positive and the
negative aspects of that freedom must be equally ensured, i.e. the freedom to express
one’s conviction as well the freedom not to be exposed to any pressure, especially from
State authorities or in the State institution, to practice religious or belief activities
against one’s will.
58.
Schools may offer unique possibilities for constructive dialogue among all parts
of society and human rights education in particular can contribute to the elimination
of negative stereotypes that often adversely affect members of religious minorities.
However, freedom of religion or belief and school education has also sparked
controversy in many societies, particularly with regard to contentious issues such as
religious symbols in the school context and religious instruction (see paras. 20-56
above).
59.
With regard to religious symbols, especially in public schools, the Special
Rapporteur would like to reiterate that each case has to be decided according to its
own circumstances. If restrictions on the wearing of religious symbols are deemed
necessary, these restrictions should not be applied in a discriminatory manner and
they must be directly related and proportionate to the specific need on which the
restrictions are predicated. At the same time, for example, the rights of the child and
their parents or legal guardians may justify limiting the freedom of teachers who wish
to manifest their religion or belief by wearing a religious symbol. In all actions
concerning children, the “best interests” of the child shall be a primary consideration.
With regard to the State-prescribed mandatory display of religious symbols in
classrooms, States should uphold confessional neutrality in public education in order
to include students of different religions or beliefs on the basis of equality and nondiscrimination.
60.
In general, educational policies should aim to strengthen the promotion and
protection of human rights, eradicating prejudices and conceptions incompatible with
freedom of religion or belief, and ensuring respect for and acceptance of pluralism
and diversity in the field of religion or belief as well as the right not to receive
religious instruction inconsistent with one’s conviction. Efforts should be made to
establish advisory bodies at different levels that take an inclusive approach to
involving different stakeholders in the preparation and implementation of school
curricula related to issues of religion or belief and in the training of teachers.
61.
The Special Rapporteur would like to refer to his predecessors’ reports on
these issues and to their involvement in the elaboration of the final document of the
International Consultative Conference on School Education in relation to Freedom of
Religion or Belief, Tolerance and Non-discrimination and the Toledo Guiding
Principles on Teaching about Religions and Beliefs in Public Schools. In this context,
the Special Rapporteur reiterates that States, at the appropriate level of Government
and in accordance with their educational systems, should favourably consider:
(a)
Providing teachers and students with voluntary opportunities for
meetings and exchanges with their counterparts of different religions or beliefs;
(b)
Encouraging exchanges of teachers and students and facilitating
educational study abroad;
(c)
Strengthening a non-discriminatory perspective in education and of
knowledge in relation to freedom of religion or belief at the appropriate levels;
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