The central idea of this essay is regarding the principles of neutrality and
equality of the state in providing education on matters of ethics, religions and
philosophy. This approach also includes the idea of access to alternative
education system when it concerns the field of public domain.

There are a number
of major international documents which are used here for reference in the
argument. One of the comparatively most recent documents in this area is the
Final Document of the Madrid Conference in 2001. Other documents that are made
reference to are Declaration on Elimination of All Forms of Intolerance and of
Discrimination Based on Religion or Belief as of 1981, the HRC General Comment
#22 on the article 18 of the ICCPR (1966) and the UN Convention on the Rights of
the Child (1989).

One of the major principles listed above is the equal rights for parents to have
the opportunity to ensure that their children are brought up and receive an
education according to religious and moral principles of their community
(article 5 of Dec. 1981, ICCPR, article 18). This notion of equality is not
limited to the institution of the family but is also tied with equality between
members of the larger society or collective. It presupposes that family is to
have the opportunity to integrate peacefully with others. It must therefore be
in coherence with the pluralistic society concept that a given state has the
duty to promote. This means that while it is essential to ensure the parents
should be able to continue raising their children according to the norms of
their religion, the state has a duty to ensure that instruction of pluralistic
values of the world society and promotion of tolerance to others is also taught.
It bears the notion of responsibility of the state for the protection and
development of the rights of small members of society the children. This is
specified in another important international document the Convention on the
Rights of the Child in its Article 29 (1.) where “State Parties agree that the
education of the child shall be directed to: (d) The preparation of the child
for responsible life in a free society, in the spirit of understanding, peace,
tolerance, equality of sexes, and friendship among all peoples, ethnic, national
and religious groups and persons of indigenous origin”. This means that the
state shall eradicate prejudices against others and discourage degrading
attitudes in the society to any distinction based on religious or philosophical
attitudes. When there still remain tensions and unresolved issues between the
state and a community, the second principle mentioned above shall come into
force.

The concept of neutrality is the next task to be supported by state and probably
the second by its importance of the approach to public education. The UN human
Rights Committee stresses in its General Comment 22 on the article 18, paragraph
6 that “public school instruction in subjects such as the general history of
religions and ethics … is given in a neutral and objective way” and “is made for
non-discriminatory exemptions or alternatives that would accommodate the wishes
of parents and guardians”. This I idea is repeated in Convention on the Rights
of the Child article 40 (4) “4. A variety of dispositions, such as care,
guidance and supervision orders; counseling; probation; foster care; education
and vocational training programs and other alternatives to institutional care
shall be available to ensure that children are dealt with in a manner
appropriate to their well-being and proportionate both to their circumstances
and the offence”. In other words a given national state shall be prepared to
admit the broadest possible margin of appreciation for requests of the parents.
The reason behind it is the fact that in a larger society where public education
makes focus on historical links with a certain religion the true neutrality of
state shall be committed to providing with alternatives as far as it is
possible.

The local circumstances of the given national state can be such that the
opportunities are limited. The dialogue with the communities and readiness to
discuss variety of forms of resolving difficult situations pays tribute to the
responsibility and flexibility of democratic society.