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Resolution 2163 (2017)
The protection of the rights of parents and children belonging to religious minorities
1. The Parliamentary Assembly notes
that the population of the member States of the Council of Europe
is more ethnically, culturally and religiously diverse than ever
before. The landscape of religious communities in Europe is complex
and evolving, with traditional beliefs spreading beyond their historical
territory and new denominations emerging. Such an environment has
the potential to ostracise families belonging to religious minorities
for their views and values in contexts where there is a dominant
majority that holds divergent views.
2. In this context, the Assembly recalls its staunch commitment
to supporting peaceful coexistence between people of different religious
and ethnic affiliations, and building a tolerant, respectful and
democratic community for all, as outlined in the adoption of several
Assembly texts, including: Resolution
1904 (2012) on the right to freedom of choice in education
in Europe, Resolution
1928 (2013) on safeguarding human rights in relation
to religion and belief and protecting religious communities from
violence, Resolution
2036 (2015) on tackling intolerance and discrimination
in Europe with a special focus on Christians, and Resolution 2076 (2015) on
freedom of religion and living together in a democratic society.
3. The Assembly underlines its commitment to protecting the fundamental
rights enshrined in the European Convention on Human Rights (ETS
No. 5, “the Convention”), in particular the right to freedom of
thought, conscience and religion under Article 9, and the right
of parents to provide their children with an education in conformity
with their own religious and philosophical convictions under Article
2 of Protocol No. 1 to the Convention (ETS No. 9). The Assembly
reiterates the fundamental right of children to education in a pluralistic environment
that fosters critical thinking, in accordance with the Convention,
its protocols and the case law of the European Court of Human Rights.
4. The Assembly considers that particular difficulties can arise
with regard to respecting the beliefs and convictions of minority
religious communities in the context of the registration of religious
organisations, State-provided education and social services. The
Assembly considers that it is not the role of member States to regulate
or validate the beliefs and world views of its population, but to
accommodate different perspectives and convictions, and allow individuals
to thrive together within the boundaries of public order, health
and morality. It considers that the genuine recognition of, and
respect for, diversity and the dynamics of cultural traditions and
identities and religious convictions are essential in order to achieve
social cohesion.
5. The Assembly therefore calls on all member States of the Council
of Europe to protect the rights of parents and children belonging
to religious minorities by taking practical steps, legislative or
otherwise, to:
5.1. affirm the right
to freedom of thought, conscience and religion for all individuals,
including the right not to adhere to any religion, and protect the
right of all not to be compelled to perform actions that go against
their deeply held moral or religious beliefs, while ensuring that
access to services provided in accordance to the law is maintained
and the right of others to be free from discrimination is protected;
5.2. promote reasonable accommodation for the deeply held moral
or religious beliefs of all individuals in cases of serious conflict
to enable citizens to freely manifest their religion or belief in
private or in public, within the limits defined by legislation and
provided that this is not detrimental to the rights of others;
5.3. repeal any law or rule which establishes a discriminatory
distinction between religious minorities and majority beliefs;
5.4. ensure easy-to-implement procedures for children or parents
to obtain exemptions from compulsory State religious education programmes
that are in conflict with their deeply held moral or religious beliefs;
the options may include non-confessional teaching of religion, providing
information on a plurality of religions and ethics programmes.