A/70/286
4.
Religious education in schools
47. Article 28 of the Convention on the Rights of the Child recognizes the child’s
right to education, as also enshrined in other human rights instruments, including
article 13 of the International Covenant on Economic, Social and Cultural Rights.
That, inter alia, requires that States “make primary education compulsory and
available free to all” (article 28, para. 1 (a), of the Convention). The usual place for
the implementation of that right is the school, which thus plays a major role in the
life of children (for more detail, see A/HRC/16/53, paras. 20-62). However, apart
from realizing the child’s right to education, the school is also a place in which the
child is exposed to authority — not only the authority of teachers, but possibly also
that of the State on whose behalf teachers act. The child may also feel exposed to
peer pressure. That calls for a sensitive human rights-based approach when
organizing school life and it requires that the particular vulnerabilities of children
belonging to various minorities are always taken into account.
48. When religious ceremonies, such as public prayers, are performed in school,
specific safeguards are needed to ensure that no child is forced to participate against
his or her will, or the will of his or her parents. The same principle applies to
religious instruction in schools, namely religious education given on the tenets of a
particular religion or belief. Such instruction must not be a mandatory requirement
and it should always be connected with the option of r eceiving a low-threshold
exemption (see, for example, CCPR/C/82/D/1155/2003). Requests for an exemption
must not lead to any punitive consequences and must not influence the assessment
of the general performance of students in school. In practice, however, those
requirements are often ignored, thus leading to situations in which children are
exposed to involuntary religious instruction or even indoctrination. The Committee
on the Rights of the Child has even referred to cases of forced conversion taking
place in schools (see CRC/C/MMR/CO/3-4, para. 45) and the Special Rapporteur
has heard complaints, inter alia, about confessions held by priests during re gular
school hours (see, for example, A/HRC/22/51/Add.1, para. 63).
49. “Religious instruction” given in school differs conceptually from “information
about religions and beliefs”. While religious instruction aims to familiarize students
with a particular faith, information about religions and beliefs serves the purpose of
broadening children’s knowledge and understanding of the diversity of faith systems
and practices. Unlike religious instruction, which should never be given against the
will of the child or his or her parents, information about religions and beliefs can
become part of the mandatory curriculum, provided it is taught in a spirit of fairness
and neutrality. In that context, the Special Rapporteur would like to recommend the
Toledo Guiding Principles on Teaching about Religions and Beliefs in Public
Schools as a useful instrument for assessing and improving the quality of such
teaching.
50. Parents also have the right to have their children educated in private
denominational schools which conform to such educational standards as may be laid
down or approved by the State.
5.
Voluntary display of religious symbols in schools
51. A much-disputed question concerns the voluntary display of reli gious symbols
by students in public schools, such as headscarves, turbans, kippas or crosses.
Following religious dress codes or displaying religious symbols generally belongs
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