A newer version of the directive dated 2007 stipulates that it should basically be an organisational objective that students who do not participate in religious instruction should not remain in the class group during these classes. Right to religious freedom The right to religious freedom pursuant to Article 9 of the European Convention on Human Rights contains the positive component of enabling a person to freely choose a religion. However, it also has the negative component of specifically deciding to have no religious affiliation. The European Court of Justice for Human Rights has recently emphasised this in its “crucifix ruling” that received a great deal of attention. Furthermore, one must respect the parents’ right to be guaranteed that their children will be raised according to their values. The right to not have their children participate in religious instruction is associated with this. From the perspective of the AOB, there is potential here to give greater consideration to this fundamental dimension. Prohibition of torture PRISON CONDITIONS Inmates of the Correctional Institution Garsten complained to the AOB that they had to share cells with other inmates, in which the toilet area was separated from the main area only by curtains. The AOB already criticised similar conditions in the Correctional Institution Stein (Lower Austria) in 2008 and was able to achieve concrete improvements for the prisoners. Toilet area not properly separated 38 According to information provided by the Ministry of Justice, as of July 2009 the Correctional Institution Garsten had 362 inmates. 25 persons were being housed two inmates per cell, 19 were housed three inmates per multiple inmate cell and 12 were housed four inmates per multiple inmate cell, in which the toilet area was not properly separated.

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