CCPR/C/67/D/694/1996
Page 13
whereas publicly funded religious schools are available to members of the Roman
Catholic faith. On the basis of the facts before it, the Committee considers
that the differences in treatment between Roman Catholic religious schools,
which are publicly funded as a distinct part of the public education system, and
schools of the author’s religion, which are private by necessity, cannot be
considered reasonable and objective.
10.6 The Committee has noted the State party’s argument that the aims of the
State party’s secular public education system are compatible with the principle
of nondiscrimination laid down in the Covenant. The Committee does not take
issue with this argument but notes, however, that the proclaimed aims of the
system do not justify the exclusive funding of Roman Catholic religious schools.
It has also noted the author’s submission that the public school system in
Ontario would have greater resources if the Government would cease funding any
religious schools. In this context, the Committee observes that the Covenant
does not oblige States parties to fund schools which are established on a
religious basis. However, if a State party chooses to provide public funding to
religious schools, it should make this funding available without discrimination.
This means that providing funding for the schools of one religious group and not
for another must be based on reasonable and objective criteria. In the instant
case, the Committee concludes that the material before it does not show that the
differential treatment between the Roman Catholic faith and the author’s
religious denomination is based on such criteria. Consequently, there has been
a violation of the author’s rights under article 26 of the Covenant to equal and
effective protection against discrimination.
10.7 The Committee has noted the author’s arguments that the same facts also
constitute a violation of articles 18 and 27, read in conjunction with article
2(1) of the Covenant. The Committee is of the opinion that in view of its
conclusions in regard to article 26, no additional issue arises for its
consideration under articles 18, 27 and 2(1) of the Covenant.
11. The Human Rights Committee, acting under article 5, paragraph 4, of the
Optional Protocol to the International Covenant on Civil and Political Rights,
is of the view that the facts before it disclose a violation of article 26 of
the Covenant.
12. Under article 2, paragraph 3(a), of the Covenant, the State party is under
the obligation to provide an effective remedy, that will eliminate this
discrimination.
13. Bearing in mind that, by becoming a State party to the Optional Protocol,
the State party has recognized the competence of the Committee to determine
whether there has been a violation of the Covenant or not and that, pursuant to
article 2 of the Covenant, the State party has undertaken to ensure to all
individuals within its territory and subject to its jurisdiction the rights
recognized in the Covenant and to provide an effective and enforceable remedy
in case a violation has been established, the Committee wishes to receive from
the State party, within ninety days, information about the measures taken to
give effect to the Committee's Views. The State party is also requested to
publish the Committee’s Views.
[Adopted in English, French and Spanish, the English text being the original
version. Subsequently to be issued also in Arabic, Chinese and Russian as part
of the Committee’s annual report to the General Assembly.]