4.7
The State adds that in Sweden a
so-called general child grant (barnbidrag) is
provided for children under 16 years of age. This
grant is paid to the custodian of the child and at
present amounts to 450 Swedish kronor per
month. For children above 16 years attending
school or higher level schools, study aid is
granted up to the age of 20 years. The State
designates the establishments where pupils are
entitled to receive such study aid (1973 Act,
chap. 3, sect. 1).
to the pupils free of charge. The local
government of each municipality is charged with
the responsibility of providing education that
meets the standards set by the State and to
finance this public sector school system (chap. 4,
sect. 6). In Sweden the municipalities enjoy a
wide measure of autonomy with respect to their
own elected municipal assembly and finance
their own operations through taxation of their
residents. Each municipality determines its own
tax rate and the revenue constitutes the
municipality’s main source of income. Tax rates
vary according to the needs and the financial
situation of each municipality. The municipalities
receive certain contributions from the State
towards the expenses for the maintenance of the
public school system. These contributions go
primarily to the salaries of the staff. No particular
grant is given to cover expenses for the purchase
of textbooks or for provision of school
meals. These are, as a result, borne by the
municipalities.
4.8
According to the State party, it cannot
reasonably follow from article 26 of the
Covenant that the State or a municipality should
cover expenses incurred by attendance of a
private school, voluntarily chosen by the student,
instead of the corresponding public school.
Failure to grant aid cannot constitute a
discriminatory act within the meaning of
article 26. Private schools are available, and any
difference in the legal and/’or financial situation
of these schools and their pupils is laid down in a
manner compatible with article 26.
4.4.
The possibility for an approved private
school at the compulsory school level to obtain
State grants is regulated in decree 1983: 97.
Pursuant to it, the State may, upon application
from, the school, grant such aid, in practice
when the school has been functioning for
approximately three years. The grant is given as
a fixed sum per pupil and differs depending on
the educational level reached by the pupil.
The grant can be subject to certain conditions.
In principle, the school must be open to all and
have reasonable fees and a pedagogic plan
approved by the National Board of Education.
4.9
With regard to the equality principle in
municipal matters, the State party submits that
this principle cannot change the fact that there is
no statutory obligation for municipalities to grant
private schools or their pupils financial aid.
Consequently, a decision not to concede grants
cannot be qualified as discriminatory.
4.10
Concerning
the
allegation
of
discrimination compared with pupils of other
private schools, the State party submits that the
decisions involved fall under the competence of
the municipalities, which enjoy a large degree of
autonomy. The legislation is based on the
concept that the local authorities are best placed
to take decisions relating to educational matters
in their district. The difference in treatment that
may result from this independence is, according
to the State party, based on objective and
reasonable criteria.
4.5
Decree 1967:270 on Private Schools and
decree 1988:681 on State Grants for National
Boarding Schools and Certain Private Schools
apply to large private schools, which provide
education at both the basic and higher levels. The
grants are calculated in an exact manner, which
resembles the method used for grants for the
public sector schools in a municipality. The 1967
decree applies to the Ellen Key School in
Stockholm and to the Rudolf Steiner School in
Norrköping.
5.1
In their comments dated 21 December
1988, the authors note that ‘parents’ are not
mentioned at all in the State party’s submissions,
although parents are the citizens being treated
differently financially in spite of their identical
obligation under the Parents’ Code.
4.6
There are no particular rules concerning
grants from municipalities to private schools or
their pupils. The municipality must decide on
these matters on the basis of the general rules of
competence. The decision is subject to appeal in
accordance with a special procedure.
5.2
As regards textbooks, the authors
contend that the legal duty imposed on Parents to
have their children attend school implies that
expenses should be shared equally by all parents,
86
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