A/CONF.189/PC.2/22
page 18
implications for the public school as a place where differences are respected? Can a religious
type of education be provided and encouraged by the State in public establishments which are by
definition open to all children?
59.
It would seem that if secularity is defined as “the legal expression of a political notion
that implies separation between civil society and religious society”62 and if in the educational
field it is taken to mean the absence of any connection with religion, in regard either to the
curriculum or to the conduct of the teachers, it becomes decidedly inopportune to transpose it to
contexts other than those in which it developed. In many countries religious education (often
meaning instruction in the dominant religion) constitutes one of the essential features of the
public school system and it seems quite absurd to argue in terms of the secularity of society in
general and schools in particular. However, that is not the only way to look at secularity.
According to one author, it means “above all respect for freedom of conscience, including
religious freedom” and “there is no opposition between religious freedom and secularity”.63
Transcending national divergencies, it is this second aspect which we find in the constitutions of
many States, including those where a religion is proclaimed as religion of State or of the State, as
also in most of the relevant international instruments. And that is what matters, far more than
theoretical or conceptual debates on the ideological underpinnings of education.
B. The content of education
1.
The scope and nature of the obligations concerning the content of education
laid down in international instruments
60.
Equal access and effective enjoyment of the right to education, whatever may be the type
of tuition or instruction (public, private, schools for minorities, denominational schools, etc.), are
meaningless if education is a vector of discrimination, i.e. if the actual content of the education is
conducive to racial discrimination or incites religious intolerance. Several international
instruments deal specifically with the objectives to which education should be directed. At this
point, it should be noted that most of the instruments studied confine themselves to formulating
or reiterating general principles rather than establishing a precise content for education.64
(a)
Universal Declaration of Human Rights, 10 December 1948
61.
Here again, it was this universal instrument which served as a model for all the
international texts dealing with non-discrimination in the sphere of education. Article 26,
paragraph 2 reads:
“Education shall be directed to the full development of the human personality and
to the strengthening of respect for human rights and fundamental freedoms. It shall
promote understanding, tolerance and friendship among all nations, racial or religious
groups …”.65
Other instruments have either reproduced as it stood the formulation in the Universal
Declaration,66 or have expanded it and enhanced its content. Among these latter may be cited
the Convention on the Elimination of All Forms of Racial Discrimination, dated
21 December 1965, article 7 of which stipulates: