achievement of educational goals.361 Any restrictions should be as limited as possible in order
to achieve these aims. Children also have the right to choose not to wear religious symbols.362
The issue of students wearing religious symbols has, however, been controversial and has
given rise to much litigation and much debate.363 In 2004, France passed a law which
prohibits the wearing of religious symbols in an ostentatious manner in public schools.
364
The Special Rapporteur to the United Nations Economic and Social Council, in discussing
this law, stated that students have a right to wear a religious symbol to school as part of their
religious beliefs.365 The report went on to say that the right to education should be guaranteed
and that it should be made clear that the right to wear religious symbols is an essential part of
one’s right to manifest one’s religion that can only be limited under restrictive conditions.
Furthermore, the government should provide redress for those persecuted due to religious
intolerance.366
The Children’s Committee has raised concerns that the law could neglect the fundamental
principle of the best interests of the child and recommended that the situation be monitored
closely.367 The Committee felt that children may be excluded or marginalised by this law and
they suggested that the schools themselves may be the best place to deal with issues of dress
code. The Committee advocated for mediation to ensure that the secular character of the
school was retained rather than the utilisation of legislative intervention.
Turkey has taken a secular368 stance, stressing equality and the freedom of religion. It
imposed a ban on Muslim headscarves in all public places including educational institutions.
Turkey asserted that this was to avoid confrontations and to protect female students from
361
United Nations Economic and Social Council 62nd session E/CN.4/2006/5.Add.4 8 March 2006, at
para 58; Committee on the Rights of the Child: (36th session) Consideration of the Reports Submitted
by States Parties under Article 44 of the Convention: Concluding Observations of the Committee on
the Rights of the Child: France CRC/C/15/Add.240, 30 June 2004 at paras 25 – 26.
362
In the case of a religious school it may be acceptable to require the wearing of religious symbols,
provided the child who does not wish to do so has the choice of attending another acceptable,
accessible educational institution.
363
McGoldrick Human Rights and Religion: The Islamic Headscarf Debate in Europe at 277; see also
article 28(2) of the CRC which provides that school discipline is to be administered in a manner
consistent with the child’s human dignity and conformity with the CRC.
364
Law (loi) 2004-228, 15 March 2004; United Nations Economic and Social Council 62nd session
E/CN.4/2006/5.Add.4 8 March 2006, at 51.
365
United Nations Economic and Social Council 62nd session E/CN.4/2006/5.Add.4 8 March 2006, at
para 99.
366
United Nations Economic and Social Council 62nd session E/CN.4/2006/5.Add.4 8 March 2006, at
paras 103 – 104.
367
Committee on the Rights of the Child: (36th session) Consideration of the Reports Submitted by
States Parties under Article 44 of the Convention: Concluding Observations of the Committee on the
Rights of the Child: France CRC/C/15/Add.240 30 June 2004 at paras 25 – 26.
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