CAB129-33 — Page 81

CH

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ANNEX A

MAIN ARTICLES OF THE DRAFT BASIC LAW (PROVISIONAL CONSTITUTION)

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Religious Education

ARTICLE 7B

The entire educational system shall be under the supervision of the State. (2) Those entitled to bring up the child shall have the right to decide whether it shall receive religious instruction.

(3) Religious instruction shall form part of the curriculum in the State elementary, intermediate and vocational schools and higher educational establish- ments, with the exception of non-confessional schools. It shall, without prejudice to the State's right of supervision, be given according to the principles and doctrines of the religious communities. No teacher may be obliged against his will to give religious instruction.

(4) The right to establish private schools shall be guaranteed. Private schools as substitute for State schools shall require the sanction of the State and shall be subject to Land legislation. The sanction must be given if the private schools, in their educational aims and facilities, as well as in the scientific training of their teaching personnel, are not inferior to the State schools and if a separation of the pupils according to the means of the parents is not encouraged. The sanction must be withheld if the economic and legal position of the teaching personnel is not sufficiently assured.

(5) Private elementary schools shall be permitted only if, for a minority of those entitled to bring up children, a State elementary school of their confession or ideology (Weltanschauung) does not exist in the Gemeinde, or if the educational administration recognises a specific pedagogic interest.

(6) Private preparatory schools shall continue to be abolished.

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Ownership of Property

ARTICLE 14

(1) Property and the right of inheritance shall be guaranteed. The contents and limitations shall be determined by legislation.

(2) Property shall involve obligations. Its use shall simultaneously serve the general welfare.

(3) Whoever abuses his property may not invoke the protection of these provisions.

(4) Expropriation shall be admissible only for the general public. It may be effected only by law or on the basis of a law, which regulates the nature and extent of compensation. The compensation shall be determined after just consideration of the interests of the general public and the participants.

ARTICLE 15

Land and landed property, natural resources and means of production may, for the purpose of socialisation, be transferred to public ownership or other forms of publicly-controlled economy by way of a law which regulates the nature and extent of compensation. For the compensation, Article 14, paragraph 4, sentence 3, shall apply appropriately.

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