E/CN.4/1998/6/Add.2 page 5 fact, have to identify itself with any religious or philosophical belief or to encourage any particular sympathy - or antipathy - towards it. Moreover, the State does not have to judge the intrinsic value or truth of any religion or belief. This principle of neutrality also requires a fundamental attitude of tolerance and equitable treatment of all religious and philosophical groups within the context and limits of the public interest. The principle of State neutrality, associated with the principle of positive separation of the State and the Church, which cooperate in certain fields, sometimes encounters difficulties of interpretation in certain Länder, in connection, for example, with the question of religion in State schools, whether it concerns the crucifix case or religious education. 13. In the crucifix case in Bavaria, the Federal Constitutional Court, in its so-called “crucifix decision” (of 16 May 1995), declared an internal primary school regulation incompatible with article 4, paragraph 1, of the Constitution and accordingly rescinded that regulation, inter alia invoking the State's duty of neutrality. According to this decision, the placing of a cross or crucifix on the wall of a classroom in a State school, other than a religious school, constitutes a breach of the provisions of this article of the Constitution. However, the Bavarian authorities, expressing their disagreement on this point, have enacted a law on teaching and education which is perceived as a compromise solution. In accordance with article 7 of this law, given the historical and cultural characteristics of Bavaria a cross may be present in State schools, in order that the objectives of the Constitution with regard to the realization of Christian and Western values may be attained, while preserving freedom of belief. If the presence of this cross is challenged on serious and reasonable grounds relating to faith and belief, an understanding must be sought. If no agreement is arrived at, the head of the school must try to resolve each individual case with a view to ensuring respect for the freedom of belief of the parties and in such a way that the beliefs of all persons are considered in a balanced manner and, to the fullest extent possible, the will of the majority is taken into consideration. This law has been ratified by the Bavarian Constitutional Court and submitted to the Federal Constitutional Court. The Bavarian authorities have stated that, since the decision of the Federal Court, out of nine challenges in primary schools four have resulted in the withdrawal of the crucifix and four in a compromise; in the other case proceedings are still under way. In secondary schools, out of four challenges two have resulted in withdrawal of the crucifix and the two others in a compromise. It should be noted that the authorities of the Länder in the former GDR, where religious feelings cannot be said to run high, interpret the presence of the crucifix in State schools as contrary to the neutrality of the State. 14. In accordance with article 7, paragraphs 2 and 3, of the Constitution, religious education is guaranteed in State schools. It is financed by the State, which provides the necessary teachers, while the content of the education is the responsibility of the Churches. Religious instruction, which in accordance with article 7 of the Constitution is an ordinary subject in almost all State schools, cannot be treated as a secondary or optional subject. However, in the Länder of the former GDR, this constitutional provision sometimes creates problems because of the very limited concern with religious matters. The authorities are in fact discussing the status of religious education in State schools, which some people consider should be