article 5, paragraph 2(b)of the Optional Protocol.
In the light of a 1970 landmark decision of the
Supreme Administrative Court rejecting an
appeal filed by parents who complained about
the denial of “SSA”, the authors contend that an
appeal would be futile, especially considering
that all similar appeals following the 1970
decision have been rejected.
(SSA), is normally granted by Swedish
municipalities regardless of whether the children
are attending private or public schools. Such aid
is allegedly intended to relieve the parents of the
additional expenses they face because of the
compulsory school attendance of their children.
Since, pursuant to the Parents Code, parents must
support their children, who are under an
obligation to attend comprehensive school, the
Swedish legislature considers financial aid to be
a social benefit and complementary to child
allowances.
3.
By decisions dated 8 July 1988, the
Working Group of the Human Rights Committee
transmitted the communications under rule 91 of
the rules of procedure to the State party,
requesting information and observations relevant
to the question of admissibility. In this context, it
asked the State party to provide the Committee
with the rules and regulations governing the
granting and use of financial aid for private
schools or their pupils in respect of school meals
and teaching aids.
2.3
Children may attend either a public or a
recognized private school in order to satisfy the
requirement of compulsory school attendance.
According to the authors, the award of free or
subsidized textbooks and of free school meals is
neither exempted from the scope of the equality
rule nor from the scope of article 26 of the
Covenant.
4.1
In its submissions under rule 91, dated
22 November 1988, the State party objected to
the admissibility of the communications under
article 3 of the Optional Protocol, on grounds of
lack of merit. It admitted, however, that domestic
remedies had been exhausted within the meaning
of article 5, paragraph 2(b), of the Optional
Protocol, since the legal situation in Sweden is
such that any appeal would have been futile.
2.4
The Supreme Administrative Court has
considered “SSA” to constitute services provided
free of charge. This, the authors claim, is
incorrect, since it is financed out of the municipal
income tax, borne by all residents of the
municipality. They further allege that, for
ordinary Swedish families, public grants ensure a
basic standard of living. “SSA” , therefore,
constitutes a supplementary, tax-free income.
Parents receiving “SSA” are said to be put in a
better economic situation vis-à-vis parents who
do not receive such aid. The authors consider this
fact to compound the discriminatory effect of the
municipality’s refusal to grant them “SSA”.
4.2
The State party submits that the
Swedish School system is regulated by the 1985
School Act (Skollagen 1985: 1100). Sweden
operates a uniform public school system
comprising a compulsory basic school for pupils
aged 7-16 years. The duty to attend school
corresponds to the right to receive education
within the framework of the public school system
(chap. 3, sect. 1, of the 1985 Act). The duty to
attend school shall, in principle, be fulfilled by
attending a public school. Exceptions to this rule
are Sami schools, approved independent schools
(private schools) and national boarding schools
(chap. 3, sect. 2, of the 1985 Act). The Act
stipulates that the obligation to attend school may
be satisfied through attendance at a private
school approved for that purpose by the local
school board. The Act provides that approval
shall be granted if the school in question provides
education of a quality that corresponds to that of
the compulsory basic school.
2.5
Since 1958, the decision to award
financial aid has been delegated by the central
Government to the municipal authorities.
Pursuant to the Local Government Act,
municipal authorities are prohibited from treating
residents differently on any other than on
objective bases, so as to ensure equality of
treatment in the application of the law.
2.6
The authors claim that there is
discrimination between their children and the
pupils of public schools or private schools
receiving financial aid. This difference in
treatment is possible because the local authorities
are under no legal obligation to grant financial
aid to private schools, which renders the system
arbitrary.
4.3
The 1985 Act provides that basic
compulsory school shall be free of charge for
pupils (chap. 4, sect. 15). In particular, books,
writing utensils and other aids shall be provided
2.7
The authors claim that they have
exhausted domestic remedies for purposes of
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