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

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