children are free to take advantage of the public
sector schooling or to choose private schooling
for their children. The decision of the authors of
these communications to choose private
education was not imposed on them by the State
party or by the municipalities concerned, but
reflected a free choice recognized and respected
by the State party and the municipalities. Such
free decision, however, entails certain
consequences, notably payment of tuition,
transport, textbooks and schoolmeals. The
Committee notes that a State party cannot be
deemed to discriminate against parents who
freely choose not to avail themselves of benefits
which are generally open to all. The State party
has not violated article 26 by failing to provide
the same benefits to parents of children attending
private schools as it provides to parents of
children at public schools.
in the State party’s submission is intended to
convey the impression that a private school
system is unnecessary in Sweden. They therefore
object to the State party’s assertion that ‘... the
public sector school system is intended to serve
the needs of the entire population and does not
make it necessary to build up parallel school
systems...”, and submit that this is largely
contradicted by the fact that parents of more than
5000 pupils have nevertheless found it necessary,
in 1989, to choose private schools. In this
context, they add that many more parents would
be willing to send their children to such schools,
if they could afford them and if the authorities
would not withhold the assistance in question.
10.1
The Human Rights Committee has
considered the merits of the communications in
the light of all the information made available to
it by the parties, as provided in article 5,
paragraph 1, of the Optional Protocol.
10.4
The authors also allege discrimination
by the State party because different private
schools receive different benefits from the
municipalities. The Committee notes that the
authors complain about decisions taken not by
the authorities of the Government of Sweden but
rather by local authorities. The State party has
referred to the decentralized system existing in
Sweden, whereby decisions of the is nature are
taken at the local level. In this connection the
Committee recalls its prior jurisprudence that the
State party’s responsibility is engaged by virtue
of decisions of its municipalities and that no
State party is relieved of its obligations under the
Covenant by delegating some of its functions to
autonomous organs or municipalities.1 The State
party has informed the Committee that the
various municipalities decide upon the
appropriateness of private schools in their
particular education system. This determines
whether a subsidy will be awarded. This is how
the Swedish school system(is conceived pursuant
to the School Act of 1985. When a municipality
makes such a decision, it should be based on
reasonable and objective criteria and made for a
purpose that is legitimate under the Covenant. In
the cases under consideration, the Committee
cannot conclude, on the basis of the information
before it, that the denial of a subsidy for
textbooks and school meals of students attending
the Ellen Key School in Stockholm and the
Rudolf Steiner School in Norrköping was
incompatible with article 26 of the Covenant.
10.2
The main issue before the Committee is
whether the authors of the communications are
victims of a violation of article 26 of the
Covenant because, as parents of children
attending a private school, they have been denied
subsidies from the municipality of Norrköping
for the textbooks of their children attending the
Rudolf Steiner School in Norrköping and from
the municipality of Upplands-Bro for the
textbooks and school meals of their children
attending the Ellen Key School in Stockholm,
whereas parents of children who attend public
schools and parents whose children attend private
schools in other municipalities do enjoy financial
assistance for their children’s textbooks and
meals. In deciding whether or not the State party
has violated article 26 by not granting the authors
such benefits, the Committee bases its findings
on the following observations.
10.3
The State party’s educational system
provides for comprehensive public sector
schooling and allows for private education as an
alternative to public education. In this connection
the Committee observes that the State party and
its municipalities make public sector schooling
and a variety of ancillary benefits, such as free
transport by bus, free textbooks and school
meals, available to all children subject to
compulsory school education. The State party
cannot be deemed to be under an obligation to
provide the same benefits to private schools;
indeed, the preferential treatment given to public
sector schooling is reasonable and based on
objective criteria. The parents of Swedish
1
Communication No. 273/1988 (B. d. B. et al. v. the
Netherlands) declared inadmissible on 30 March
1989, para. 6.5.
89
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