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. 121

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