A/HRC/4/21/Add.1
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led to some improvement in this regard, there have been reports of children being baptised by
Orthodox priests without the prior permission of their parents.
Response from the Government sent on 16 March 2006
147. The Government of Georgia informed that their Law on Education prohibits mandatory
religious instruction. Nevertheless, the practice of compulsory teaching of Orthodox Christianity
takes place at some state-financed schools. It has sometimes been alleged that children have been
baptized by Orthodox priests without parental consent, but it should be stressed that the Ministry
of Education and Sciences of Georgia has no official information about that.
148. According to the National Education Plan of Georgia, the subject “Religion and Culture”
is taught as an optional one at schools and it is not designed to teach a specific religion, but aims
to introduce different religions and beliefs to the children. The Ministry of Education and
Sciences of Georgia has no official data on studying a particular religion, but there is unofficial
and indirect information about the existence of such practice at several schools.
149. Regarding to legal measures, the Law on General Education of Georgia, adopted in April
2005, protects the freedom of religion and belief among schoolchildren and restricts the
propagation of any concrete religion, inter alia, by prohibiting classes aimed at learning religious
rites and related items, as well as studying a specific religion at school time.
150. With respect to the question concerning the registration requirement in order to be able to
worship the Government informed that the legal background for that may be found in article
1510 of the Civil Code of Georgia. That article provides the criteria for registration, which has to
be done for all non-commercial and non-partisan legal persons. The documents to be presented
are administrative documents. There is a fee to be paid after the presentation of the mentioned
documents in the Georgian Civil Code. All religious groups in Georgia have to meet, on an equal
basis, all the criteria provided in the Civil Code. It is the Ministry of Justice which responds to
the applications. Article 31 of the Georgian Civil Code stipulates that a refusal from the Ministry
of Justice must be well-grounded and can be appealed before the court.
Observations
151. The Special Rapporteur is grateful for the Government’s detailed response. She would
also like to take the opportunity to refer to her framework for communications, more specifically
to the international human rights norms and to the mandate practice concerning “The right of
parents to ensure the religious and moral education of their children” (see above para. 1, category
I. 3. g). Furthermore, the previous mandate holder, Abdelfattah Amor, prepared a thematic study
on “The role of religious education in the pursuit of tolerance and non-discrimination” (available
online at http://www.unhchr.ch/html/menu2/7/b/cfedu-basicdoc.htm). In November 2001, the
International Consultative Conference on School Education in Relation to Freedom of Religion
or Belief, Tolerance and Non-Discrimination by consensus adopted a Final Document
(E/CN.4/2002/73, Appendix). This Madrid Final Document may serve as useful guidance for
educational policies aimed at strengthening the promotion and protection of human rights,
eradicating prejudices and conceptions incompatible with freedom of religion or belief, and
ensuring respect for and acceptance of pluralism and diversity in the field of religion or belief as
well as the right not to receive religious instruction inconsistent with his or her conviction.