A/HRC/7/10/Add.3
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inconsistent with his or her conviction (E/CN.4/2002/73, appendix, para. 4). Most recently,
the Office for Democratic Institutions and Human Rights (ODIHR-OSCE) Advisory
Council of Experts on Freedom of Religion or Belief has prepared the “Toledo Guiding
Principles on teaching about religions and beliefs in public schools”8 which may provide
further useful guidance in this regard.
70. The Special Rapporteur notes with appreciation that parents may request that their
children be wholly or partly excused from receiving religious education or attending at
religious worship. She particularly welcomes the recent adoption of opt-out possibilities for
pupils in the sixth form with regard to legal requirements of taking part in an act of
collective worship in maintained schools. The right to freedom of religion or belief also
includes the right not to manifest a religious belief. The parents or legal guardians of the
child have the right to organize the life within the family in accordance with their religion
or belief and children themselves also enjoy in their own right the freedom of religion or
belief. In line with article 12, paragraph 1, of the Convention on the Rights of the Child, the
children’s views should be given due weight in accordance with their age and maturity.
Religious symbols
71. Concerning religious symbols and related school uniform policies, the Special
Rapporteur welcomes the case-by-case approach by the authorities and courts. In its
guidance, the Department for Children, Schools and Families emphasized that each case
depends on the circumstances of the particular school and that the recent judgements do
not mean that banning such religious dress will always be justified, nor that such religious
dress cannot be worn in any school. With regard to the relevant international human rights
standards and their scope the Special Rapporteur would like to refer to the set of general
criteria concerning religious symbols as outlined in her last report to the Commission on
Human Rights (E/CN.4/2006/5, paras. 51-60).
Balancing of competing rights
72. Concerning the issue of balancing competing rights, the Special Rapporteur would
like to emphasize that there exists no hierarchy of discrimination grounds. She welcomes
the fact that the mandate of the recently established Commission for Equality and Human
Rights includes promoting understanding and encouraging good practices concerning
relations between members of groups who share a common attribute in respect of age,
disability, gender, race, religion or belief and sexual orientation. The approach taken by
the pertinent anti-discrimination legislation seems to be quite balanced and there are
specific exemptions or transitional provisions for organizations relating to religion and
belief. Ultimately, balancing different competing rights can only be decided on a
case-by-case basis taking into account the particular circumstances and implications of the
case.
8
Available online at http://www.osce.org/odihr/item_11_28314.html.