A/HRC/22/51
discrimination, for example dress code regulations that discriminate against persons
belonging to religious minorities, in particular women. 20
(d)
Discriminatory implications of family laws
45.
An issue warranting special attention concerns discriminatory family laws,
especially if personal status matters are adjudicated by religious courts. Some countries
continue to restrict marriages between individuals from different denominations, thus
violating article 16 of the Universal Declaration on Human Rights, which provides that men
and women of full age have the right to marry and to found a family, without any limitation
due to religion. Members of religious minorities, in particular women, may feel compelled
to change their religion or belief as a precondition for marrying a person with a different
religious affiliation. Depending on the specific cases, this may amount to a violation of
article 18(2) of the International Covenant on Civil and Political Rights, which prohibits
subjecting anyone to coercion in questions of religion or belief. Furthermore, individuals
belonging to religious minorities may also experience discriminatory treatment in divorce
settlements, a problem that often affects women. It is reported that judgements of family
courts and religious courts in child custody cases have been biased against the parent who
belongs to a religious minority.21
(e)
Alienation and indoctrination of children
46.
Parents from religious minorities also face difficulties in exercising the right to
educate their children in conformity with their own convictions, as enshrined in article
18(4) of the International Covenant. A particularly sensitive area in this regard is school
education. In some States, children from religious or belief minorities are exposed to
religious instruction against their will or the will of their parents or guardians. They may
have no option to obtain an exemption from religious instruction, or exemptions may
remain linked to a high threshold or humiliating circumstances. There are also reports about
children from minorities facing pressure in public schools to participate in rituals and
ceremonies of a religion other than their own or being baptized by a priest without the
parents’ prior consent.22 Reportedly, children have even been urged to distance themselves
from their own religion as a precondition for passing their school exams. Students who
refuse to follow certain religious instruction at school are also allegedly punished or
assaulted by their teachers.23 In extreme cases, such pressure can amount to violations of
the right not to be forced to convert. There are also cases where exemption from religious
instruction is granted but due to the lack of resources in certain public schools, children
exempted from religious instruction may have to remain in the classroom, which means that
20
21
22
23
France has prohibited pupils from manifesting “ostentatious” religious signs, a provision which
mainly affects members of certain religious minorities, notably Muslims and Sikhs
(E/CN.4/2005/61/Add.1, paras. 110-122; E/CN.4/2006/5/Add.4, paras. 66 and 98).
In Serbia, Jehovah’s Witnesses reported that some of their members have lost custody of their
children when they were involved in divorce cases with a spouse who was not a Jehovah’s Witness
(A/HRC/13/40/Add.3, para. 24). The Shia religious court of the Kingdom of Bahrain denied an
alleged Safara believer the right to custody of her children after divorcing (A/HRC/16/53/Add.1,
paras. 25-32).
In Georgia, there were reports of children being baptized by Orthodox priests without the prior
permission of their parents (A/HRC/4/21/Add.1, paras. 146-151).
In Sri Lanka, a Buddhist monk teacher allegedly assaulted a 14-year-old student when he refused to
learn Buddhism at school, stating that he was Catholic (A/HRC/22/67).
13