A/HRC/17/38/Add.1
77.
Information received by the independent expert indicates that religious teaching is
offered in public schools in at least 11 States,15 with irregularities to the detriment of the
freedom of religion and belief, recognition of Afro-Brazilian religions, and the laical
character of the state. Many stakeholders stressed that there is a contradiction between the
preamble of the Constitution, which recognizes the laical character of each state, and the de
facto compulsory education of religion in some public schools, particularly when the matter
is left in the hands of education authorities at the Federated State and municipal levels in a
country where religion occupies a privileged place in society, and the majority of the
population is Christian. Some stakeholders recommended that materials used for teaching
religion in public schools should be submitted for review by academic experts, as is the
case for other teaching materials, and that funds in a laical state should not be used to
purchase religious books for schools.
78.
Leaving the content of religious courses to be determined by the personal belief
system of teachers or school administrators; using the teaching of religion to proselytise;
teaching religion as a compulsory, instead of optional course in public schools, and
excluding religions of African origin from the curriculum were reported as major concerns
that impede the effective implementation of this Constitutional provision.
2.
Afro-descendant religions and belief systems
79.
Stakeholders emphasized that Afro-Brazilian religious communities were a way of
life, and that it was essential to keep their traditions and culture alive, in order to rescue,
restore and valorise their cultural identity. Afro-Brazilian religions and belief systems were
historically subject to restrictive policies at the national level. Persecuted and prohibited at
certain times, Afro-Brazilian religions were labelled “superstitions”, “cults” and
“witchcraft”; they were regarded as “primitive” and “archaic” manifestations that would
eventually disappear. While in situ, the independent expert had access to original
documents, dated August 1973 and September 1975, in which the Censorship and Control
of Public Celebrations Service (Servico de Censura e Controle de Diversoes Públicas) of
the Public Security Secretariat had authorized the undertaking of Afro-Brazilian religious
celebrations on specific dates within a restricted timeframe. Such permission was
considered a major achievement for Afro-descendents at the time. Today, concern was
expressed at the differentiated access to State benefits for institutionalized and legally
recognised religions that enjoy tax exemptions, and religions of Afro-descent and operating
in more informal structures that are not eligible for such benefits.
80.
The Government of Brazil is committed to protecting the freedom of religion but
should strengthen efforts to combat ongoing discrimination and intolerance. While in
Brazil, the independent expert was further informed of cases of religious intolerance against
students, families and educational professionals related to the practice of Candomblé,
Umbanda and other religions with African roots. Also reported were instances of physical
violence against students (punching, and even stoning), forced resignation or removal of
educational professionals who are adherents of religions of African origin or who teach the
content of those religions; and the ban on the use of certain textbooks. Concern was
expressed to the independent expert about the unequal access to school facilities by
religious leaders, in particular those related to religions of African origin, as well as
inaction to address instances of discrimination or abuse of power by teachers and principals
against persons professing religions of African origin. These situations were reported to be
conducive to the failure or low performance of students, drop-out or requests for transfer to
15
18
These states are Alagoas, Amapá, Goiás, Minas Gerais, Mato Grosso do Sul, Pará, Paraìba, Paraná,
Rio de Janeiro, Rio Grande do Sul, Santa Catarina.