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to everyone’s freedom to manifest their religion or belief. Although that freedo m is
not beyond possible limitations, such limitations can only be justified if they satisfy
all the criteria laid down in article 18, paragraph 3, of the International Covenant on
Civil and Political Rights and reiterated in article 14, paragraph 3, of th e
Convention on the Rights of the Child. 11
52. Accordingly, limitations must have a legal basis; they must pursue one of the
listed legitimate purposes (public safety, order, health or morals, or the fundamental
rights and freedoms of others) and they must be proportionate to such a purpose.
Under the principle of proportionality, States have always to look for the least
intrusive measure available. Restrictions, for instance, if deemed necessary to
protect students from being pressured by peers or their gen eral school environment
into wearing religious symbols, should be based on a precise empirical and
normative analysis of the situation at issue. General or far -reaching prohibitions of
the voluntary wearing of headscarves or other religious symbols by stud ents in
schools should remain a last resort. After one of her country visits, the Special
Rapporteur’s predecessor expressed her concerns that restrictive measures imposed
on students would convey “a demoralizing message to religious minorities”
(E/CN.4/2006/5/Add.4, para. 98).
53. By generally accommodating the voluntary display of multiple religious
symbols by students, the school can become a place in which children experience
religious diversity on a daily basis and in a relaxed manner, as part of normal
societal life. That may be conducive to fulfilling the purposes of education as listed
in article 29, paragraph 1 (d), of the Convention on the Rights of the Child,
including the “preparation of the child for responsible life in a free society, in the
spirit of understanding, peace, tolerance, equality of sexes and friendship among all
peoples, ethnic, national and religious groups and persons of indigenous origin ”.
6.
Respecting the evolving capacities of the maturing child
54. Respect for the evolving capacities of the child is to be ensured in all relevant
spheres of life, such as family life, participation in the religious community, school
education, the voluntary wearing of religious symbols and other areas. Hence, it is a
principle running through all the above-mentioned spheres of application of
freedom of religion or belief. For instance, children who have developed their own
self-understanding on issues of religion or belief should not receive religious
instruction against their will, in or outside school education. Children should have
broad access to information concerning religious or philosophical beliefs, also
beyond their family’s faith. From a certain age or maturity, children deserve respect
when taking their own decisions, whether positive or negative, concerning
participation in acts of worship, ceremonies or other religious community activities.
Depending on his or her evolving capacities, a child may also be able to exercise his
or her right to have or adopt a religion or belief of his or her own choice.
55. Some States have defined fixed age thresholds for the child ’s exercise of
certain elements of freedom of religion or belief, for example concern ing opting out
of religious instruction or converting to another faith with or without the agreement
of the parents. However, given the dynamic nature of the child ’s “evolving
capacities”, it is preferable to avoid fixed definitions and instead take decisi ons on a
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The following remarks relate only to the display of religious symbols by students, not by
teachers.
15-12514