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their faith, and even in certain extreme cases imprisonment, torture and summary execution”
(E/CN.4/1987/35, para. 70). Such discriminatory treatment derives both from governmental
actions and from incidents provoked by non-State actors. States must respect the rights and
duties of the parents to provide direction to the child in the exercise of his or her freedom of
religion or belief in a manner consistent with the evolving capacities of the child. At the same
time, the best interests of the child shall be a primary consideration in all actions concerning
children, whether undertaken by public or private social welfare institutions, courts of law,
administrative authorities or legislative bodies. The issue of religious symbols worn by pupils at
State schools illustrates the delicate balancing exercise involved, i.e. on the one hand to protect
the autonomy of minors who may be pressured or forced to wear religious symbols and on the
other hand not to deny the right of those minors who have freely chosen to wear a religious
symbol as part of their religious belief. Education should be 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.
33. Another difficult issue is the question to decide who is competent - and until when - to
decide whether children could or should change their religion or belief. The Special Rapporteur
has taken the position that the choice of religion is restricted by the parents’ rights to determine
their child’s religion up to an age where the child is capable of doing so on his or her own. Such
a case-by-case approach is also supported by article 12 (1) of the Convention on the Rights of the
Child, which requests States parties to “assure to the child who is capable of forming his or her
own views to express those views freely in all matters affecting the child, the views of the child
being given due weight in accordance with the age and maturity of the child”.
5. Minorities
34. The mandate practice shows that national or ethnic, religious and linguistic minorities are
in a particularly vulnerable situation. The identity of many minorities is defined by various
aspects and several instances of discrimination, for example when based both on racial and on
religious motives, are aggravated by the effects of multiple identities. The Special Rapporteur
wishes to emphasize that States have an obligation under international human rights law to
guarantee the right of minorities to profess and practise their own religion. The State remains
responsible even when abuses are committed against minorities by non-State actors and States
are also required to encourage conditions for promoting the identity, including the religious
identity, of minorities.
35. It has to be borne in mind that while a certain religion may be a minority in one part of the
world and suffer accordingly, it may constitute the religion of the majority of the population in
another part of the world. Religious minorities face various forms of discrimination and
intolerance, both from policies, legislation and State practice. Issues of concern relate to
obstacles in the official registration procedures as well as inappropriate limitations when
disseminating materials and displaying religious symbols. Furthermore, some religious
minorities are adversely affected by manifestations of rejection or violence from non-State actors
and by threats to their very existence as a specific community.