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.

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