A/HRC/16/53
his choice”. This forum internum component of freedom of religion or belief enjoys
particularly strong protection under international human rights law as no derogation from
article 18 of the Covenant may be made, not even in a time of public emergency which
threatens the life of the nation.33 In addition, coercive practices may also violate the rights
of parents “to ensure the religious and moral education of their children in conformity with
their own convictions” (art. 18, para. 4, of the Covenant).
54.
The situation of religious instruction in private schools warrants a distinct
assessment. The reason is that private schools, depending on their particular rationale and
curriculum, might accommodate the more specific educational interests or needs of parents
and children, including in questions of religion or belief. Indeed, many private schools have
a specific denominational profile which can make them particularly attractive to adherents
of the respective denomination, but frequently also for parents and children of other
religious or belief orientation. In this sense, private schools constitute a part of the
institutionalized diversity within a modern pluralistic society. States are not obliged under
international human rights law to fund schools which are established on a religious basis,
however, if the State chooses to provide public funding to religious schools, it should make
this funding available without any discrimination.34
55.
Furthermore, the existence of private denominational schools – or the possibility of
their establishment – cannot serve as an excuse for the State not to pay sufficient attention
to religious and belief diversity in public school education. Even though private
denominational schools may be one way for parents to ensure a religious and moral
education of their children in conformity with their own convictions, the public school
system must also respect religious and belief diversity. In this context, the inaugural session
of the Forum on Minority Issues, held in December 2008, recommended that “where
separate educational institutions are established for minorities for linguistic, religious or
cultural reasons, no barriers should be erected to prevent members of minority groups from
studying at general educational institutions, should they or their families so wish”.35
56.
Another caveat concerns situations in which private denominational schools have a
de facto monopoly in a particular locality or region, with the result that students and parents
have no option to avoid school education based on a denomination different from their own
religious or belief conviction. In such situations it falls upon the State, as the guarantor of
human rights, to ensure that freedom of religion or belief is effectively respected, including
the right of students not to be exposed to religious instruction against their will as well the
right of parents to ensure a religious and moral education of their children in conformity
with their own convictions.
IV.
Conclusions and recommendations
57.
Freedom of religion or belief and school education is a multifaceted issue that
entails significant opportunities and far-reaching challenges. The school is the most
important formal institution for the realization of the right to education. It provides a
place of learning, social development and social encounter. At the same time, the
school is also a place in which authority is exercised and some persons, including
members of religious or belief minorities, may find themselves in situations of
33
34
35
International Covenant on Civil and Political Rights, art. 4; see also Human Rights Committee,
general comment No. 22, para. 1.
Human Rights Committee, communication No. 694/1996, Waldman v. Canada, Views adopted on 3
November 1999, para. 10.6.
See the report of the independent expert on minority issues (A/HRC/10/11/Add.1), para. 27.
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