4.
Education for understanding tiie cultural heritage
of various nations, with special reference to dif
ferent behefs in the present world.'
The State party observes that Mr. Hartilcainen was
among the experts consulted by the working group and
that the National Board of Education intends to request
the Union of Free Thinkers in Finland, among others,
to give its comments on the working group's proposal
for a curriculum before the working group is asked to
work out a teacher's guide. However, the Government
of Finland submits that it is beyond the competence of
the Human Rights Committee to study the formulation
of school curricula and repeats its conclusion that no
legislative inconsistency with the Covenant has been
established.
10.3 The Committee notes that the information
before it does not sufficiently clarify the precise extent
to which the author and the other alleged victims can ac
tually be said to be personally affected, as parents or
guardians under article 1 of the Optional Protocol. This
is a condition for the admissibihty of communications.
The concept of a "victim" has been further examined in
other cases, for instance in the final views in case No.
35/1978. However, this case having been declared ad
missible without objection on this point, the Committee
does not now consider it necessary to reopen the matter,
for the following reasons.
10.4 The Committee does not consider that the re
quirement of the relevant provisions of Finnish legisla
tion that instruction in the study of the history of
rehgions and ethics should be given instead of religious
instruction to students in schools whose parents or legal
guardians object to religious instruction is in itself in
compatible with article 18 (4), if such alternative course
of instruction is given in a neutral and objective way and
respects the convictions of parents and guardians who
do not believe in any rehgion. In any event, paragraph 6
of the School System Act expressly permits any parents
or guardians who do not wish their children to be given
either religious instruction or instruction in the study of
the history of religions and ethics to obtain exemption
therefrom by arranging for them to receive comparable
instruction outside of school.
,10.5 The State party admits that difficulties have
arisen in regard to the existing teaching plan to give ef
fect to these provisions, (which teaching plan does ap
pear, in part at least, to be religious in character), but
the Committee believes that appropriate action is being
taken to resolve the difficulties and it sees no reason to
conclude that this cannot be accomplished, compatibly
with the requirements of article 18 (4) of the Covenant,
within the framework of the existing laws.
10.1 The Committee has considered the present
communication in the light of all information made
available to it by the parties as provided for in article
5 (1) of the Optional Protocol. Its views are as follows:
10.2 Article 18 (4) of the International Covenant on
Civil and Political Rights provides that:
The States Parties to the present Covenant undertalce to have
respect for the liberty of parents and, when applicable, legal guardians
to ensure the religious and moral education of their children in confor
mity with their own convictions.
^ The author, in his submission of 5 January 1981, offers the
following translation of these objectives:
" 1 . Education for ethically rightly functioning human relation
ships;
" 2 . Education for individual, communal and social consciousness,
sense of responsibility and functioning;
" 3 . Education to understand the cultural heritage of our own na
tion and our present culture, especially material from world
view;
" 4 . Education to understand the cultural heritage of various na
tions, especially different world views in the present world."
Communication No. 44/1979
Submitted by: Alba Pietraroia in January 1979
Alleged victim: Rosario Pietraroia, also known as Rosario Roya Zapala (author's father)
State party: Uruguay
Date of adoption of views: 27 March 1981 (twelfth session).
Submission to lACHR—Exhaustion
of domestic
remedies—Health
of victim—Detention
incom
municado—Access
to counsel—Habeas corpus—
Procedural delays—Fair and public
hearing—
Presence of accused at trial—Retroactivity of penal
law—Freedom of expression—Trade
union ac
tivities—Political rights—Derogation from Covenant
Views under article 5 (4) of the Optional Protocol
1. The author of the communication (initial letter
dated January 1979 and further letters dated 11 June
and 13 August 1979 and 18 August 1980) is a Uruguayan
national, residing in Peru. She submitted the com
munication on behalf of her father, Rosario Pietraroia
(or Roya) Zapala, a 68-year-old Uruguayan citizen, a
former trade-union leader and alternate member of the
Chamber of Deputies in the Uruguayan Parliament, at
present detained in Uruguay. She states that from his
early youth her father had worked as a lathe operator.
Articles of Covenant: 4, 9 (2), (3) and (4), 10 (1), 14 (1)
and (3), 15 (1), 19 (2) and (3), and 25
Article of Optional Protocol: 5 (2){a) and (b)
76
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents