A/HRC/16/53/Add.1
the best interests of the child being the guiding principle. The child shall be protected from
any form of discrimination on the ground of religion or belief.”
349. The Special Rapporteur also recalled that in its resolution 6/37, the Human Rights
Council urges States “to design and implement policies whereby education systems
promote principles of tolerance and respect for others and cultural diversity and the
freedom of religion or belief”. In its General Comment no. 22 (1993) on the right to
freedom of thought, conscience or religion, the Human Rights Committee has underlined
that “[p]ublic education that includes instruction in a particular religion or belief is
inconsistent with article 18.4 [of the International Covenant on Civil and Political Rights]
unless provision is made for non-discriminatory exemptions or alternatives that would
accommodate the wishes of parents and guardians.” Furthermore, article 18 of the
International Covenant on Civil and Political Rights is considered to protect “[t]heistic,
non-theistic and atheistic beliefs, as well as the right not to profess any religion or belief”.
350. In its General Comment no. 13 (1999) on the right to education, the Committee of
Economic, Social and Cultural Rights permits public school instruction in subjects such as
“[g]eneral history of religions and ethics if it is given in an unbiased and objective way,
respectful of the freedoms of opinion, conscience and expression”. Furthermore, the
Committee has deemed that, “[p]ublic education that includes instruction in a particular
religion or belief is inconsistent with article 13.3 unless provision is made for nondiscriminatory exemptions or alternatives that would accommodate the wishes of parents
and guardians.”
(b)
Response from the Government of the Republic of Moldova dated 29 July 2010
351. In its letter dated 22 July 2010, the Government of the Republic of Moldova
responded to the communication of 6 July 2010 regarding the proposal to introduce
mandatory and confessional Orthodox Christian education into the general school
curriculum.
352. On 8 July 2010, the Supreme Court Civil and Administrative Litigation College
rejected the appeal of the President of the Initiative Group for introducing mandatory and
confessional Orthodox Christian education into the general school curriculum and
maintained the decision of the Appeals Court of Chisinau from 15 June 2010 that struck
down the decision no. 3251 of the Central Electoral Commission regarding the registration
of the Initiative Group concerning the holding of a Republican Legislative Referendum on
the subject of introducing mandatory and confessional Orthodox Christian education into
general school curriculum. The Government of the Republic of Moldova emphasized that
the decision of the Supreme Court is final and irrevocable.
353. On 2 June 2010, the Government of the Republic of Moldova took a decision
according to which “beginning with the school year 2010-2011, in the school timetables of
the primary and secondary educational institutions it will be included the discipline
“Religion”, which will be an optional one and will be taught on the basis of demands of the
children’s parents or legal guardians.
(c)
Observations by the Special Rapporteur
354. The Special Rapporteur is grateful that the Government of the Republic of Moldova
replied by letter of 29 July 2010. He wishes to take this opportunity to refer to his
framework for communications, more specifically to the international human rights norms
and to the mandate practice concerning the right of parents to ensure the religious and
moral education of their children (see para. 1 above, category A. 3. (g)) as well as to his
latest thematic report on freedom of religion or belief and school education (A/HRC/16/53,
paras. 20-62).
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