financial aid in question is a specific and clearcut
form of social assistance. The State party recalls
that in Sweden there exists a uniform public
sector school system conceived to serve the
entire population of the country and that, in
principle, the duty to attend school prescribed by
law is to be fulfilled within the framework on
this public school system. The legislation here at
issue is aimed at providing equal education for
children all over the country and also reflects the
political will to provide all children with an
opportunity to attend the public sector education
system. Accordingly, fulfilling the duty to attend
school in schools other than those envisaged by
the public sector must be seen as an exception to
the general rule. In this context, the State party
points out that there are relatively few private
schools that qualify as a valid substitute to the
compulsory part of the public sector school
system. It is further submitted that the existing
public school system has not disregarded the fact
that people in Sweden might have different
values in so far as education is concerned. In this
connection, the State party quotes from a
statement made in the context of the 1980
Teaching Plan for the compulsory basic school,
“Aims and Directives”, where, inter alia, it is
stressed that . . . Schools should be open to the
presentation of different values and opinions and
stress the importance of personal concern”.
Moreover, it points out that the same objective is
contemplated by the School Act of 1985, which,
in Ch. 3, Sec. 2, provides that a school may, at
the request of a custodian of a pupil under the
duty to attend school, dispense such a pupil from
the obligation to attend otherwise compulsory
activities in the educational program of that
school. These are but a few examples to
demonstrate that the public sector school system
in Sweden is intended and conceived to serve the
needs of the whole population of Sweden ant
that, therefore, it is not necessary to establish a
parallel school system.
regardless of the type of school chosen.
Free textbooks are intended to relieve parents
from their obligations under the Parents’ Code
and to eliminate unjust distinctions between
families. “SSA” is not intended to subsidize
education, but to ease the family budget
generally. Consequently, it is in this purely social
context that discrimination has occurred.
6.1
Before considering any claims in a
communication, the Human Rights Committee,
must, in accordance with rule 87 of its rules of
procedure, decide whether or not it is admissible
under the Optional Protocol to the Covenant.
6.2
The Committee ascertained, as required
under article 5, paragraph 2(a), of the Optional
Protocol, that the same matter was not being
examined under another procedure of
international investigation or settlement. The
Committee noted that the State party did not
contest the admissibility of the communication
with respect to article 5, paragraph 2(b), of the
Optional Protocol. The Committee therefore
concluded that, on the basis of the information
before it, the requirements of article 5, paragraph
2, of the Optional Protocol, concerning prior
exhaustion of domestic remedies, had been met.
6.3
With regard to the State party’s
submission that the “lack of merit” in the
author’s argumentation should be considered as
sufficient to declare the communication
inadmissible pursuant to article 3 of the Optional
Protocol, the Committee recalled that article 3
provides that communications shall be declared
inadmissible if they: (a) are anonymous,
(b) constitute an abuse of the right of submission,
or (c) are incompatible with the provisions of the
Covenant. It observed that the authors had made
a reasonable effort to substantiate their
allegations, for purposes of admissibility, and
that they had invoked a specific provision of the
Covenant. Accordingly, the Committee decided
that the issues before it should be examined on
the merits.
8.2
The State party further argues that the
compulsory part of the public sector school
system remains always open to all children who
are subject to the duty to attend school and that
parents who have chosen to have their children
fulfill this duty in alternative schools retain the
right to request that their children be integrated
within the public sector school system. This
stems from the aim of the legislator that the duty
to attend school should in principle be fulfilled
within the framework of the public sector school
system. Accordingly, it is contended that it
cannot be reasonably expected that a
7.
On 30 March 1989 the Human
Rights Committee therefore decided that the
communications were admissible.
8.1
In its submissions under article 4,
paragraph 2, of the Optional Protocol,
dated 12 October 1989, the State party indicates
that it does not approve the use by counsel of the
term “School Social Aid” (SSA) since the term
might convey a wrong impression that the
87
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