provision on non-discrimination on religious grounds in Article 3, states in Article 13 that education
should foster understanding, tolerance and friendship among all nations and all racial, ethnic or
religious groups. Similarly, the Inter-American Convention on the Prevention, Punishment and
Eradication of Violence against Women specifies that every woman has the right to the recognition,
enjoyment, exercise and protection of all human rights and freedoms embodied in regional and
international human rights instruments, including, among others, “the right to profess her religion and
beliefs within the law.” 118
79.
In the context of the Universal System of Human Rights, Article 18 of the Universal Declaration
of Human Rights refers to freedom of religion which includes “freedom, either alone or in community
with others, and in public or private, to manifest his religion or belief in teaching, practice, worship and
observance.” Article 26(2) of the Declaration stipulates, in a manner similar to the American
Declaration, that “education shall be directed to the full development of the human personality and to
the strengthening of respect for human rights and fundamental freedoms. It shall promote
understanding, tolerance and friendship among all nations, racial or religious groups […].”
80.
Article 18 of the International Covenant on Civil and Political Rights also recognizes this right
in similar terms to Article 12 of the American Convention, including Article 18(4) in which the States
Parties to the Covenant “undertake to have respect for the liberty of parents and, when applicable,
legal guardians to ensure the religious and moral education of their children in conformity with
their own convictions.” Article 27 of the same instrument establishes that in those States “in which
ethnic, religious or linguistic minorities exist, persons belonging to such minorities shall not be denied
the right, in community with other members of their group, to enjoy their own culture, to profess and
practice their own religion and to use their own language.”
81.
In similar terms to the provisions of the American Convention and the International Covenant
on Civil and Political Rights, Article 13(3) of the International Covenant on Economic, Social and
Cultural Rights establishes that the States Parties undertake to respect “the liberty of parents and,
when applicable, of legal guardians, to choose for their children schools, other than those established
by the public authorities, which conform to such minimum educational standards as may be laid
down or approved by the State and to ensure the religious and moral education of their children
in conformity with their own convictions.”
82.
The Declaration on the Elimination of All Forms of Intolerance and Discrimination Based on
Religion or Belief, of November 25, 1981, for its part, refers to the right to religion, and establishes in
Article 5(2) that “every child shall enjoy the right to have access to education in the matter of
religion or belief in accordance with the wishes of his parents or, as the case may be, legal
guardians, and shall not be compelled to receive teaching on religion or belief against the wishes
of his parents or legal guardians, the best interests of the child being the guiding principle.” This
declaration also specifies that the “child shall be protected from any form of discrimination on the
grounds of religion or belief. He shall be brought up in a spirit of understanding, tolerance,
friendship among peoples, peace and universal brotherhood, respect for freedom of religion or
belief of others, and in full consciousness that his energy and talents should be devoted to the
service of his fellow men.” Finally, Article 6(e) recognizes that the right to freedom of religion includes
the freedom “to teach a religion or belief in places suitable for such purposes.”
83.
Likewise, Article 4 of Additional Protocol II to the Geneva Conventions establishes that:
“Children shall be provided with the care and aid they require, and in particular: a) They shall
receive an education, including religious and moral education, in keeping with the wishes of their
parents, or in the absence of parents, of those responsible for their care.” In this regard, the
International Committee of the Red Cross indicated that: “By using the future tense in shall provide
and shall receive, the article establishes the legal obligation of States and non-State parties to ensure
the continuity of education in the territory under their control and to take concrete measures to that
end. Article 4(3)(a) stipulates that the education that children receive shall be in accordance with the
118
Inter-American Convention for the Prevention, Punishment and Eradication of Violence against Women, Article 4.i.
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