A/CONF.189/PC.2/22
page 44
49
The International Covenant on Economic, Social and Cultural Rights does not explicitly
include a provision of this kind, but the objectives of non-discrimination, tolerance and
friendship among ethnic and religious groups mentioned in article 13, paragraphs 1, 3 and 4,
effectively encompass article 2 (c) of the 1960 Convention and thus prohibit discrimination in
the area of private education that leads to the exclusion of a racial or religious group.
50
See article 18, paragraph 1, of the International Covenant on Civil and Political Rights and
note 14 to paragraph 28 of the above-cited General Comment No. 13. In the same connection,
see article 1, paragraph 1, and article 5, paragraph 2, of the 1981 Declaration concerning the
elimination of religious intolerance cited in note 37.
51
Article 13, paragraph 3, of the International Covenant on Economic, Social and Cultural
Rights reproduces only the part of the sentence concerning respect for the liberty of parents “to
ensure the religious and moral education of their children in conformity with their own
convictions”.
52
The international instruments are not very explicit on this point; see, in particular, the second
clause of article 5, paragraph 1 (b), of the 1960 UNESCO Convention.
53
See, in this connection, article 12 of the Convention on the Protection of the Rights of All
Migrant Workers and Members of Their Families, which is not yet in force; see also article 5,
paragraph 2, of the 1981 Declaration already cited (note 37). The obligation lies with States
even in cases of armed conflict; see article 78 of the Protocol Additional to the Geneva
Conventions of 12 August 1949, and relating to the Protection of Victims of International
Armed Conflicts (Protocol I): “… each child’s education, including his religious and moral
education as his parents desire, shall be provided … with the greatest possible continuity”. For
an exhaustive study of all the instruments, including regional treaties, see Gomez del Prado,
op cit (note 6).
54
This obligation is a corollary of the general principle of freedom of religion as set forth in
article 18, paragraph 2, of the International Covenant on Civil and Political Rights and
proclaimed, moreover, in the constitutions of many States, including those where one religion
has been declared the State religion: “no one shall be subject to coercion which would impair his
freedom to have or to adopt a religion or belief of his choice. See, in this connection, the ruling
of the European Commission of Human Rights according to which the State must respect within
the public school system the beliefs of parents. Kjeldsen, Busk Madsen and Pedersen v.
Denmark. Report of the Commission, 21 March 1975, Court Decisions, vol. 2, series B,
pp. 44 and 46.
55
General Comment No. 13, paragraph 28. See also, in this connection, paragraph 6 of General
Comment No. 22 of the Human Rights Committee.
56
This expression is used in article 5, paragraph 2, of the Declaration on Race and Racial
Prejudice, dated 27 November 1978.
57
Expression used in article 1, paragraph 1, of the same Declaration.