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

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