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communities can be caught up in the consequences of those violations of general
human rights and minority rights provisions. In numerous States, teaching and
interaction with the younger generation is considered an influential position, one
deemed too sensitive to trust a person belonging to a religious minority within
Government schools. In some countries, they may be allowed to teach only in
minority faith schools.
50. Schools may serve as sites for the perpetuation of a singular religious or
ideological ideal, failing to take on board religious or belief diversity, erasing all
symbols of such difference, and aiming to assimilate all into an (intolerant) national
“unity”. In some countries, regions or schools with diverse religious communities
teach only the majority religion. For example, in Bosnia and Herzegovina, visited
by the Independent Expert in 2012, Bosniak, Croat and Serb communities remain
largely divided along religious and ethnic lines. Religious education is provided
only in the majority religion and serves to reinforce differences and exacerbate
divisions between young people and communities.
51. International norms insist upon non-discrimination on the basis of religion in
relation to the enjoyment of economic, social and cultural rights, including in
relation to the right to education. The four standards considered to be interrelated
and essential features for implementation of the right to education 10 (availability,
accessibility, acceptability and adaptability) are also relevant in terms of the
availability of and access to education for religious minorities. Regarding the latter,
the Human Rights Committee explained that the International Covenant on Civil
and Political Rights permits public school instruction in subjects such as the general
history of religions and ethics if it is given in a neutral and objective way, whereas
public education that includes instruction in a particular religion or belief is
inconsistent with article 18.4 unless provision is made for non-discriminatory
exemptions or alternatives that would accommodate the wishes of parents and
guardians (see CCPR/C/21/Rev.1/Add.5, para. 6).
4.
Access to justice
52. Religious minorities are frequently denied equality of the law and equality
before the law in courts that are guided by overtly discriminatory constitutional and
other legal provisions. Such laws may grant them second-class status, or no legal
recognition whatsoever. In some jurisdictions, religious minorities may be classified
in law or in the perception of law enforcement bodies as infidels, separatists,
suspect terrorists or non-protected persons, which renders their community rights
non-existent. Conversion to a religion or belief that is undesirable in the view of the
State may lead to the “civil death” of those persons.
53. Religious minorities should always be able to avail themselves of complaints
procedures and civil remedies in the courts. Nevertheless, barriers often exist to
their access to justice, which must be addressed. Minorities may be reluctant to
bring complaints to the police owing to hostility or the reluctance of authorities to
receive their complaints, or general poor relations of religious minorities with law
enforcement bodies. Women may face particular problems or anxiety in bringing
complaints. Where the courts are, or are perceived to be, highly influenced by the
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10
13-41869
See reports of the Special Rapporteur on the right to education and General Comment 13 of the
Committee on Economic, Social and Cultural Rights.
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