municipality should organize both the public
sector school system, which is open to all
children, and at the same time contribute towards
covering the costs for privately organized
schools. The State party acknowledges that
certain municipalities may have agreed to
contribute to the activities of certain private
schools. Such contributions are granted for
purposes of covering costs for school-books,
school meals and medical care at school and are
given either in the form of a grant of money or
by granting pupils in a private school the
possibility of having meals or visiting health care
facilities. The municipal support of private
schools, however, varies from one municipality
to another or it may also differ from one school
to another within the same municipality. This
depends on the interest that the school represents
in the eyes of the municipal board, but, more
importantly, on the great liberty that a
municipality enjoys when deciding whether and
to what extent it intends to support a private
school. In this context, the State party adds that,
according to a number of decisions by the
Supreme Administrative Court of Sweden, it
does not, in principle, fall under the competence
of a municipality to grant contributions to
matters which are of no particular general
interest to the inhabitants of the municipality.
The State party therefore reiterates its contention
that no violation of the Covenant has occurred in
any of the respects alleged by the authors.
decrees on Intermunicipal Compensation that
determine the per capita amount relating to free
meals and textbooks applicable TV pupils
attending the public sector schools of Sweden.
The Decrees relating to the school years
1987/1988 and 1988/1989 are based on statistical
figures concerning costs of meals, textbooks and
other items, as compiled by the Swedish
Association of Local Authorities. As to the value
of this assistance, it is submitted that,
independently of its various forms, the financial
aid pertaining to pupils attending private schools
is easily transformable into fixed amounts of
money. In fact, since 1946 most Swedish
municipalities (and not “certain” municipalities
as the State party contends) administer this form
of social assistance to parents on an equal basis.
9.1
In their comments dated 22 December
1989, the authors observe that the State party’s
submissions focus on “education” and the
“public school system” in order to divert
attention from the authors’ argument that the
assistance at issue does not relate to education,
but is intended to relieve parents from their
obligations under the Parents’ Code Act within a
purely social context. They reiterate that the
substance of the matter under consideration
remains the differentiation between parents with
regards to social benefits granted as personal
relief of their obligations under the Parents’ Code
and points out that the State party, by referring to
municipal contributions to private schools for
purposes of covering their costs or supporting
their activities, clearly shows no inclination to
admit that such social benefits -free meals and
textbooks-are granted to individuals.
9.4
With regard to the public costs for
school meals and textbooks, the authors
challenge the State party’s statement according to
which it cannot be reasonably expected that a
municipality should organize the public sector
school system and, at the same time, provide for
contributions intended to cover the costs for
private schools. This statement, it is submitted,
clearly contradicts the declaration made in
January 1988 by the Swedish Minister of
Education on behalf of the Government:
9.3
In addressing the State party’s argument
that “according to a number of decisions of the
Supreme Administrative Court, it does not in
principle fall under the competence of a
municipality to grant contributions to matters that
are of no particular general interest to the
inhabitants of the municipality”, the authors
point out that the matters referred to are not
spelled out by the State party. In this respect,
they add that since the beginning of this century
it has been considered of general interest that
Swedish municipalities provide all children
within their boundaries with meals and basic
textbooks.
“In my opinion it is reasonable that a
local government pays contributions to
private schools for pupils registered as
resident
in
the
municipality,
contributions that shall in principle
amount to the equivalent of economies
effected as the municipality does not pay
e-a. for school meals and textbooks.”
(Proposition 1987/88: 100).
9.2
As to the form, of the assistance under
consideration, authors argue that, contrary to
what the State party maintains, it is easily
definable. They refer to the Government’s annual
9.5
Finally, the authors maintain that the
description of the public school sector contained
88
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