A/HRC/13/40/Add.2 B. Religious symbols 30. The issue of wearing religious symbols, especially headscarves, at schools is another contentious issue in the former Yugoslav Republic of Macedonia. The recent public debate was triggered by the decision of the mayor of Tetovo to dismiss the director of a secondary school of economy, because the director had not allowed a first-year female student to wear a headscarf at school. Subsequently, the State Education Inspectorate assessed that the mayor had no right to dismiss the school director and that the latter should be reinstated as soon as possible. The Inspectorate emphasized that it was not disputing the girl’s right to wear a headscarf, however, it referred to the school’s rules adopted by the parents’ council, according to which students are forbidden to wear religious symbols at the school. Reacting to this decision, the Islamic Religious Community argued that the pupils’ rights to religious freedom should be observed and that the school rules should be amended accordingly. The use of religious symbols is reportedly becoming more obvious at schools and it is estimated that up to 3 per cent of female students wear Islamic apparel at high schools and universities. 31. For an analysis of the applicable legal framework and international case law with regard to religious symbols, the Special Rapporteur would like to refer to her report submitted to the Commission on Human Rights at its 62nd session (E/CN.4/2006/5, paras. 36-60). She would like to reiterate that freedom of religion or belief may be invoked both in terms of the positive freedom of persons who wish to wear or display a religious symbol and in terms of the negative freedom of persons who do not want to be confronted with or coerced into it. On the one hand, the right to education of pupils who have been expelled for wearing religious symbols and also the rights of parents or legal guardians to organize life within the family in accordance with their religion or belief may be at stake. On the other hand, the State may invoke the denominational neutrality of the school system and the desire to preserve religious harmony in schools. However, any limitation must be based on the grounds of public safety, order, health, or morals, or the fundamental rights and freedoms of others, it must respond to a pressing public or social need, it must pursue a legitimate aim, and it must be proportionate to that aim. 32. The perceived vulnerability of the persons involved should be taken into account and in all actions concerning children, the best interests of the child should be a primary consideration, in accordance with article 3 of the Convention on the Rights of the Child. There may also be peculiarities of certain institutional settings, as already pointed out by the then Special Rapporteur of the Subcommission on Prevention of Discrimination and Protection of Minorities, Arcot Krishnaswami, in his 1959 study of discrimination in the matter of religious rights and practices (E/CN.4/Sub.2/200/Rev.1, p. 33): “A prohibition of the wearing of religious apparel in certain institutions, such as public schools, may be motivated by the desire to preserve the non-denominational character of these institutions. It would therefore be difficult to formulate a rule of general application as to the right to wear religious apparel, even though it is desirable that persons whose faith prescribes such apparel should not be unreasonably prevented from wearing it.” 33. If a policy decision has been taken at the national level to interfere with the freedom to manifest one’s religion or belief with regard to wearing religious symbols, issues of proportionality and religious tolerance need to be thoroughly respected. In this regard, the Special Rapporteur would like to reiterate that the following questions should be answered in the affirmative: Was the interference, which must be capable of protecting the legitimate interest that has been put at risk, appropriate? Is the chosen measure the least restrictive of the right or freedom concerned? Was the measure proportionate, i.e. balancing of the 11