A/HRC/16/53
ignore religious differences that may come up in the context of school education, it would
be equally problematic to organize communication among students primarily under the
auspices of inter-religious exchange between predefined groupings. Instead, respect for
difference based on freedom of religion or belief requires an attitude of giving students (or
their parents or guardians) the possibility to decide for themselves whether, to which degree
and on which occasions they wish to manifest, or not manifest, their religion or belief. Such
an atmosphere of relaxed openness provides a fertile ground for developing a sense of
diversity as being a normal feature of modern pluralistic societies. It is the obligation of the
State to provide an appropriate framework conducive to this goal, always bearing in mind
the best interests of the child as an overarching principle laid down in article 3, paragraph 1,
of the Convention on the Rights of the Child.
C.
Religious symbols in the school context
41.
The role of religious symbols, including wearing religious garments in school and
displaying religious symbols in classrooms, has been, and continues to be, a matter of
controversy in a number of countries. Students or teachers observing religious dress codes,
including Islamic headscarves and Sikh turbans, have in some countries been expelled from
schools, denied access to higher education or suspended from their jobs.21 In addition, the
compulsory display of religious symbols, such as the crucifix, in the exercise of public
authority in relation to specific situations subject to governmental supervision, particularly
in classrooms, has yielded numerous court decisions at national and regional levels.22
Furthermore, cases of imposition of religious dress codes are also of concern.23
42.
To do justice to the complexity of the topic, one has to bear in mind a number of
important distinctions. For example, given the specific role and status of the teacher, it
obviously makes a difference whether religious symbols are worn by teachers or by
students, and there may be good reasons for such a difference to be reflected in respective
legislation or court decisions. The age of pupils could possibly be a factor for having
different regulations in primary schools and in institutions of higher education. It would
again be different if the presence of a particular religious symbol in classrooms of public
schools was prescribed by the authorities without any exceptions and if the State itself was
perceived to express a religious belief. Moreover, an important factor to be taken into
consideration is the general dynamics of majority and minority religious groupings in
society at large or within a particular school situation. Thus, different constellations may
require different solutions which should be precisely assessed on a case-by-case basis.
43.
Without prejudice to contextual specificities, however, there are nevertheless good
reasons to start with a general presumption of the students’ right to wear religious symbols
in the school. According to article 18, paragraph 1, of the International Covenant on Civil
and Political Rights, the right to freedom of thought, conscience and religion includes
freedom to manifest one’s religion or belief in worship, observance, practice and teaching.
There can be little doubt that observing and practicing one’s religion or belief may also
include the wearing of distinctive clothing or head coverings in conformity with the
21
22
23
See, for example, the Special Rapporteur’s reports A/HRC/10/8, para. 51; A/HRC/10/8/Add.1,
paras. 196-198; E/CN.4/2006/5, paras. 43-50; and E/CN.4/2006/5/Add.4, paras. 47-72 and 98-104.
See references in E/CN.4/2006/5, para. 36 (endnote 1). See also the judgment of 3 November 2009 of
the Second Section of the European Court of Human Rights in the case of Lautsi v. Italy, application
No. 30814/06, which has been referred to the Grand Chamber (the final judgment was not yet
published at the time of writing).
See, for example, the Special Rapporteur’s reports A/51/542/Add.2, para. 51; E/CN.4/1998/6, para.
60; E/CN.4/2006/5, para. 38; A/HRC/7/10/Add.1, paras. 125-126.
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