A/HRC/16/53 women’s rights, and in particular the principle of equality between men and women and the individual’s freedom to wear or not to wear religious symbols, should be duly taken into account.25 D. Religious instruction in schools 47. As elaborated above (see paras. 27-40), it is crucial to distinguish conceptually between information about religions or beliefs on the one hand and religious instruction on the other. On a practical level there are a number of overlaps which pose problems in the actual application of that distinction.26 In addition, different pedagogical approaches may add nuances, for example if teaching methods encourage pupils to “learn about religions”27 or to “learn from religion”28. At any rate, on a normative level conceptual clarity remains of strategic importance to pursue a human rights approach and to do justice to the ambivalence of the school being a place of learning, social development and communicative interaction but also a place in which situations of particular vulnerability can occur. 48. Religious instruction, i.e. instruction in a particular religion or belief based on its tenets, can take place in different constellations. The following paragraphs will primarily focus on religious instruction given in the public school system, i.e. the system of public education provided by the State. While the role of private schools, including denominational schools, will also be mentioned, the Special Rapporteur will leave aside in this chapter those forms of religious instruction that are organized in religious institutions – such as churches, mosques, pagodas, synagogues or temples – and attended by students outside of school. 49. In many countries religious instruction in the above defined sense constitutes an integral part of public school teaching and maybe even of the mandatory school curriculum. Such practice may reflect the interests and demands of large parts of the population. Many parents may wish that their children be familiarized with the basic doctrines and rules of their own religion or belief and that the school take an active role in that endeavour. In the understanding of many parents, the development of knowledge and social skills of their children through school education would be incomplete unless it includes a sense of religious awareness and familiarity with their own religion or belief. Hence the provision of religious instruction in the public school system may be based on the explicit or implicit wishes of considerable currents within the country’s population. 50. However, given the ambivalence of the school situation – including possible situations of particular vulnerability for some persons or groups – religious instruction in 25 26 27 28 See A/HRC/15/53, para. 60; A/65/207, para. 34. One example would be a school subject that “combines education on religious knowledge with practising a particular religious belief, e.g. learning by heart of prayers, singing religious hymns or attendance at religious services”. See Human Rights Committee, communication No. 1155/2003, Leirvåg v. Norway, Views adopted on 3 November 2004, para. 14.6. “‘Learning about religion’ includes enquiry into, and investigation of, the nature of religions, their beliefs, teachings and ways of life, sources, practices and forms of expression. It covers students’ knowledge and understanding of individual religions and how they relate to each other as well as the study of the nature and characteristics of religion. It includes the skills of interpretation, analysis and explanation. Pupils learn to communicate their knowledge and understanding using specialist vocabulary.” (Toledo Guiding Principles on Teaching about Religions and Beliefs in Public Schools, pp. 45-46, footnote 52). “‘Learning from religion’ is concerned with developing students’ reflection on and response to their own and others’ experiences in the light of their learning about religion. It develops pupils’ skills of application, interpretation and evaluation of what they learn about religion.” (Ibid.). 15

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