A/HRC/16/53
with the intention of urging them to assimilate into mainstream society by abandoning their
faith. Such fears, be they justified or not, must always be taken seriously.
25.
According to article 18, paragraph 4, of the International Covenant on Civil and
Political Rights, States “undertake to have 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 has been reaffirmed by article 5, paragraph 1,
of the Declaration on the Elimination of All Forms of Intolerance and of Discrimination
Based on Religion or Belief which states: “The parents or, as the case may be, the legal
guardians of the child have the right to organize the life within the family in accordance
with their religion or belief and bearing in mind the moral education in which they believe
the child should be brought up”. The Convention on the Rights of the Child connects
respect for parents’ rights with the principle of respecting also the evolving capacities of the
child. Its article 14, paragraph 2, requires States to “respect the rights and duties of the
parents and, when applicable, legal guardians, to provide direction to the child in the
exercise of his or her right in a manner consistent with the evolving capacities of the child”.
26.
In view of this legal background, fundamental questions of school education related
to issues of religion or belief – including the definition of educational principles, the
compilation of the topics of the school curriculum, basic institutional and organizational
arrangements, etc. – require a high degree of sensitivity. Whenever possible, these
questions should not be decided without due consultation of all parties involved, including
members of religious or belief communities, while taking care that international human
rights standards are respected. In this context, the Special Rapporteur would like to refer to
a study prepared under the guidance of his predecessor, which states:
“Again, the main focus being human rights, what is relevant is that education on
religious trends, traditions and movements as well as convictions, be provided in a
fair and objective way, stimulating the curiosity of the audience, encouraging it to
question their bias and stereotypes about cultures, religions and views other than the
one which they see as being part of their own identity. Succeeding in portraying the
others so that they can recognize themselves provides not only a valuable and
inspiring educational experience; it also help create understanding and mutual
respect between different communities or world-views.”15
B.
Elimination of stereotypes and prejudices
27.
Under international human rights law, States are obliged not merely to respect
freedom of religion or belief but also to protect such freedom against undue interference
from third parties. In addition, States should promote an atmosphere of tolerance and
appreciation of religious diversity. The child should “be brought up in a spirit of
understanding, tolerance, friendship among peoples, peace and universal brotherhood,
respect for freedom of religion or belief of others, and in full consciousness that his energy
and talents should be devoted to the service of his fellow men.”16 Moreover, article 29,
paragraph 1 (d), of the Convention on the Rights of the Child indicates that States parties
agree that the education of the child shall be directed to “the preparation of the child for
15
16
“The role of religious education in the pursuit of tolerance and non-discrimination”, study prepared
under the guidance of Abdelfattah Amor, published in La libertad religiosa en la educación escolar,
Alberto de la Hera and Rosa María Martínez de Codes, eds. (Madrid, Ministry of Justice, 2002),
pp. 55-56.
Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion
or Belief, art. 5, para. 3.
9