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.).
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