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Summary: This report extracts mentions of children's rights issues in the reports of the UN Special Procedures. This does not include reports of child specific Special Procedures, such as the Special Rapporteur on the sale of children, child prostitution and child pornography, which are available as separate reports.
Scroll to: (A/HRC/13/40/Add.3 ) Country visit: 30 April to 5 May 2009 Religious symbols: The issue of wearing religious symbols in educational institutions has been a matter of controversy. The Kosovo Ministry of Education has prohibited the wearing of headscarves, while the legal basis seems to be unclear. In 2004, the Ombudsperson issued an opinion stating that the prohibition should apply only to teachers and school officials, but not to students. In 2007-2008, the Ombudsperson Institution received a large number of complaints from high school students who had not been allowed by the school authorities to wear headscarves in schools. The Acting Ombudsperson concluded, inter alia, that they were discriminated on the basis of their religion or belief and underlined that their fundamental right to exercise their religion was protected by human rights standards. In addition, two women in Prizren complained that they applied for teaching positions in secondary schools but were not hired based on their religious convictions and the fact that they wore headscarves. (Paragraph 59) With regard to the issue of wearing religious symbols, especially in public schools, the Special Rapporteur would like to emphasize that each case has to be decided according to its own circumstances. For an analysis of the applicable legal framework and international case law, the Special Rapporteur would like to refer to her report to the 62nd session of the Commission on Human Rights (E/CN.4/2006/5, paras. 36-60). She would like to reiterate that freedom of religion or belief may be invoked both in terms of the positive freedom of persons who wish to wear or display a religious symbol and in terms of the negative freedom of persons who do not wish to be confronted with or coerced into it. (Paragraph 60) On the one hand, the right to education of pupils who have been expelled for wearing religious symbols and also the rights of parents or legal guardians to organise life within the family in accordance with their religion or belief may be at stake. On the other hand, the authorities may invoke the denominational neutrality of the school system and the desire to preserve religious harmony in schools. However, any limitation must be based on the grounds of public safety, order, health, or morals, or the fundamental rights and freedoms of others; respond to a pressing public or social need; pursue a legitimate aim; and be proportionate to that aim. (Paragraph 61) ____________________________________ Special Representative of the Secretary-General on the situation of human rights defenders (A/HRC/7/28/Add.3 ) Country visit: 20 and 21 September 2007 No mentions of children's rights in this report
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UN Special Rapporteur on freedom of religion or belief, Asma Jahangir
Report published: 28 December 2009
Report published: 4 March 2008