Е/СЫ.4/1992/52
page 142
That is what happened in the field of the right to education. Quite
recently, legislation was adopted on this matter. It is intended to ensure
that children of any faith, and not just the Catholic faith, are effectively
able to follow courses of moral and religious education in their schools in
accordance with their faith (DL 286/89 of 29 August).
In the field of education, the Constitutional Court considered that a
provision which required an express declaration of exemption from courses of
Catholic moral and religious education violated article 41, paragraphs 1
and 3, of the Constitution. Because the unconstitutionality decision has
general binding force, this rule has been dropped from the Portuguese judicia
system.
Subsequently, an order (Port. 344-Â/88 of 19 December) was published,
requiring a positive declaration for those who wanted to follow such courses.
It can thus be concluded that there is no legal basis for discrimination
and that if any cases were nevertheless to occur in this field, they would be
covered by the legal system for the protection of all other fundamental
rights: possibility of appeal to the courts, liability of those responsible
for discriminatory practices."
Rwanda
"Yes, in such cases the victim has the possibility of a remedy in order
to assert his rights:
1.
He can invoke an administrative remedy. Thus, for example, a person who
has been dismissed for belonging to a particular religion can appeal through
the hierarchy, that is, to an authority immediately above the one which took
the decision.
There is also a Council of State, which can annul an administrative
decision of this kind, at the request of the victim.
2.
The victim can also seek compensation for the material damage caused by
bringing criminal indemnification proceedings in a judicial case brought
against the person responsible for one or other of the offences listed above.
(See question (g))."
Sudan
"The law guarantees any person claiming to have suffered a wrong the
right to sue. There are also religious institutions and denominational
advisory bodies which recommend the measures to be taken to ensure that
justice is done to everyone, whether in religious matters or in others."