ࡱ> oqn%` M6bjbj"x"x Z@@!.+HHHHHHH\8< D\y4bh h " ". #4# 3333333$5hC84H&""""&&4HH $34)))&XH H 3)&3))2hHHl3 \ `*BLH'L33I40y4\3;9';9 l3;9Hl3x@#P$)%%B@#@#@#44(j@#@#@#y4&&&&\\\@d\\\@\\\HHHHHH  SUBMISSION TO THE HUMAN RIGHTS COMMISSION FREEDOM OF RELIGION AND BELIEF IN THE 21ST CENTURY OF AUSTRALIA  BY AUSTRALIAN PARENTS COUNCIL INC. Freedom of Religion and Belief in the 21st Century in Australia Preamble The Australian Parents Council (APC) is responding to the discussion paper Freedom of Religion and Belief in the 21st Century, and the proposed Religious Freedom Act (RFA). We are aware that there is current community consultation about human rights generally but have confined our comments to the proposed Religious Freedom Act raised in the discussion paper and believe that any such Act needs to enshrine the right of parents to choose the kind of education that shall be given to their children, as encapsulated in Article 18 (4) of the International Covenant on Civil and Political Rights (ICCPR), and include the wording of the United Nations Covenant on Economic, Social and Cultural Rights, Article 13 (3) and (4) respecting the right of parents to choose schools other than those established by public authorities. 鱨վ APC 1. The APC is a non-denominational, non-party-political federation of state wide Catholic and independent non-government school parents organisations across Australia. 2. It was formed in 1962 primarily to safeguard the right of parents to choose non-government schools, to facilitate the exercise of this right, to promote the interests of children in non-government schools, to promote the role and advance the interests of non-government schools in the community and to achieve for all parents and children equity in the distribution of public funds for education. The APC promotes and fosters the following principles: a. That as stated in the Universal Declaration of Human Rights parents have a prior right to choose the kind of education that shall be given to their children. That all parents are entitled to exercise this right without financial or other disability being imposed on them or their children by the State. c. That the primary purpose of education is the development of the child physically, intellectually, emotionally, spiritually and morally. 3. Non- government/faith based schools were the first schools in Australia and have long been an important part of the Australian education tradition. In 2009, non-government schools educate 1,171, 223 (one third of Australian school students) in 2,729 non-government schools across Australia, 92% of which are faith based. Of these 1,705 non-government schools are systemic Catholic schools and 1,024 are classified as independent schools representing many religious affiliations. Reference: Australian Bureau of Statistics, Schools Preliminary Catalogue 4220.0 January 2009. Comment All schools, government and non-government, together with their communities, are fundamental building blocks in the development of human capital and the good and free society. In the Preamble to the December 2008 Melbourne Declaration on the Educational Goals for Young Australians, endorsed by all Australian governments, all Australian Ministers for Education acknowledge education and schools and their communities as central to the building of our society: As a nation Australia values the central role of education in building a democratic, equitable and just society a society that is prosperous, cohesive and culturally diverse, and that values Australias Indigenous cultures as a key part of the nations history, present and future Schools play a vital role in promoting the intellectual, physical, social, emotional, moral, spiritual and aesthetic development and wellbeing of young Australians, and in ensuring the nations ongoing economic prosperity and social cohesion. Schools share this responsibility with students, parents, carers, families, the community, business and other education and training providers. Schools are at the heart of the multicultural and multi faith nature of 21st century Australia. It is essential that fundamental human rights, and in particular freedom of thought, conscience and religion - are recognised, promoted and practised in our schools and school communities. It could be argued that this would occur most effectively within a national framework of human rights. The Australian Constitution Section 116 provides some protection for freedom of religion, with prohibitions against the making of any law that imposes a state religion, prohibits the free exercise of religion or sets a religious test for a federal public office. These prohibitions apply to federal law. They do not restrict the legislative power of the states, which have passed a range of anti-discrimination laws over the past thirty plus years. Such laws, on the whole, attempt to uphold the principle of equality of treatment for all, irrespective of gender, race, religion, political belief or sexual orientation, but they do so (except in Victoria and the ACT), in the absence of any legislatively enshrined right for religious freedom requiring courts and tribunals to balance the incidence of discrimination against positive statements of legitimate competing rights and interests where these arise. The exceptions; the Australian Capital Territory in 2004 and Victoria in 2006 passed legislation enshrining certain human rights including freedom of thought, conscience, religion and belief. The sections concerning these rights do not include the undertaking by State Parties to the ICCPR, Article 18 (4) of which says they, undertake to have respect for the liberty of parents and when applicable legal guardians, to ensure the religious and moral education of their children in accordance with their own convictions. Anti-discrimination laws in Australian jurisdictions have granted limited exemptions for religious groups, with such exemptions often hotly contested by secular interests. Interpretation of these laws can further limit exemptions and make it unlawful for a religious group to impose conditions which may be fundamental to the expression of their religion. For a variety of reasons, some interests within Australia oppose the existence of non-government schools and strongly object to any government funding of non-government school students. These groups and interests welcome limits to exemptions granted to religious institutions and faith based schools. Legislative expression of the fundamental human rights to freedom of conscience, religion and thought as expressed in Article 18 in its entirety would help to balance legitimate interests of all. The right of parents to choose the kind of education for their children is supported by other international covenants besides the ICCPR. The Universal Declaration of Human Rights, Article 26 reads: (1) Everyone has the right to education. Education shall be free, at least in the elementary and fundamental stages. Elementary education shall be compulsory. Technical and professional education shall be made generally available and higher education shall be equally accessible to all on the basis of merit. (2) Education shall be directed to the full development of the human personality and to the strengthening of respect for human rights and fundamental freedoms. It shall promote understanding, tolerance and friendship among all nations, racial or religious groups, and shall further the activities of the United Nations for the maintenance of peace. (3) Parents have a prior right to choose the kind of education that shall be given to their children. Article 5 of the Declaration on the Elimination of All Forms on Intolerance and Discrimination Based on Religion and Belief says: 1. The parents or, as the case may be, the legal guardians of the child have the right to organize the life within the family in accordance with their religion or belief and bearing in mind the moral education in which they believe the child should be brought up. 2. Every child shall enjoy the right to have access to education in the matter of religion or belief in accordance with the wishes of his parents or, as the case may be, legal guardians, and shall not be compelled to receive teaching on religion or belief against the wishes of his parents or legal guardians, the best interests of the child being the guiding principle. 3. The child shall be protected from any form of discrimination on the ground of religion or belief. He shall be brought up in a spirit of understanding, tolerance, friendship among peoples, peace and universal brotherhood, respect for freedom of religion or belief of others, and in full consciousness that his energy and talents should be devoted to the service of his fellow men. 4. In the case of a child who is not under the care either of his parents or of legal guardians, due account shall be taken of their expressed wishes or of any other proof of their wishes in the matter of religion or belief, the best interests of the child being the guiding principle. 5. Practices of a religion or belief in which a child is brought up must not be injurious to his physical or mental health or to his full development, taking into account article 1, paragraph 3, of the present Declaration. Every child shall enjoy the right to have access to education in the matter of religion or belief in accordance with the wishes of his parents. The United Nations Covenant on Economic, Social and Cultural Rights says at Article 13 (3) and (4): 3.The States Parties to the present Covenant undertake to have respect for the liberty of parents and, when applicable, legal guardians to choose for their children schools, other than those established by the public authorities, which conform to such minimum educational standards as may be laid down or approved by the State and to ensure the religious and moral education of their children in conformity with their own convictions. 4.No part of this article shall be construed so as to interfere with the liberty of individuals and bodies to establish and direct educational institutions, subject always to the observance of the principles set forth in paragraph 1 of this article and to the requirement that the education given in such institutions shall conform to such minimum standards as may be laid down by the State. The continued capacity of schools and schooling systems to uphold the freedoms expressed in Article 18 of the International Covenant on Civil and Political Rights and other international declarations cited above, is, we believe, important if the cohesive multi faith, multicultural nature of Australian society, which has been a shining light in the world in modern times, is to continue into the future. In considering a Religious Freedom Act for Australia, the previously cited wording of the Declaration on the Elimination of All Forms of Intolerance and Discrimination Based on Religion and Belief and in other Declarations should be considered for inclusion. The APC believes that any Religious Freedom Act in Australia should, at the least, enshrine the right of parents to choose the kind of education that shall be given to their children, as encapsulated in Article 18 (4) of the ICCPR, and include the wording of the United Nations Covenant on Economic, Social and Cultural Rights, Article 13 (3) and (4) respecting the right of parents to choose schools other than those established by public authorities. We believe it to be particularly important that the content of the undertaking in ICCPR Article18(4) be included, to have respect for the liberty of parents and, when applicable, legal guardians to ensure the religious and moral education of their children in conformity with their own convictions. 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