Fra PERMANENT MISSION OF NORWAY GENEVA 04.02.05

Til UN Human Rights Committee

Communication No. 1155/2003 – Remedies taken by Norway

1. Introduction

Reference is made to the views adopted by the Human Rights Committee on 3 November 2004 under article 5, paragraph 4 of the Optional Protocol in respect of communication No 1155/2003.

The views have been studied carefully by the Government and have been discussed in meetings of the full Cabinet. The Government will take effective and appropriate measures respecting the rights of the authors of communication No 1155/2003, as presented below.

2. The new subject Christianity and General Religious and Ethical Education (CREE)

2.1 Amendments in the legal framework and curriculum

The Government will propose to Parliament that for the forthcoming school year, starting in August 2005, the following substantial changes will enter into force:

The Government will propose deletion of the reference in section 2-4 of the Education Act to the object clause in section 1-2. Thus section 2-4 would no longer prescribe that the object of the subject CREE is “to help to give students a moral and Christian upbringing”.

Furthermore section 2-4 of the Education Act will be amended, so that the different religions and philosophies of life are treated in a qualitatively equal manner .Changes to the national curriculum will be made accordingly.

2.2 Amendments related to the exemption scheme

The following amendments to the exemption scheme will enter into force at the same time as the substantial changes in the legal framework and teaching of CREE are implemented, i.e. in August 2005:

The right to exemption from any part of the school curriculum that could be conceived of as the practice of a particular belief will be set out in a separate section of the Education Act. This will make it clear that the right to exemption from the practice of religious belief applies to all aspects of primary and lower secondary education.

The Ministry’s circular on CREE will be amended to clearly identify those elements of the subject that could be conceived of as the practice of a particular belief. The rules enabling parents to enrol their children in the exemption scheme will be simplified. The duty of schools to provide information to the parents about their right to exemption from any part of the teaching that they conceive of as the practice of religion will be stipulated in the Education Act.

The amended circular on CREE will also instruct teachers to pay particular attention when using teaching methods that students could conceive of as the practice of a religion. If such methods are used, alternative instruction is to be offered.

3. Promoting tolerance and respect for religious beliefs

A core aim of CREE is to promote mutual respect and tolerance between students belonging to different religions and philosophies of life. Another core aim is to provide knowledge that helps pupils to better understand their own identity and background. Norway will pursue these aims, in accordance with article 29 of the UN Convention on the Rights of the Child – while concurrently respecting the right to freedom of religion as protected by article 18 of the ICCPR in the terms expressed by the Committee in General Comment No 22.

4. Intermediate measures

The Norwegian Government will in due course inform the Committee about the implementation of the above mentioned measures. Until the appropriate measures to amend the legal framework, the curriculum and the exemptionscheme take effect by August 2005, the Government will provide students with a temporary right to exemption from the subject CREE. Under this intermediate measure, a written notice from the parents will be sufficient for the student to be exempted. Schools will have a duty to attempt as far as possible to offer alternative teaching to these students.

Your sincerely

Wegger Chr. Strømmen

Ambassador

Permanent Representative