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right not to profess any religion or belief. The terms ‘belief’ and ‘religion’ are to be
broadly construed”. That inclusive understanding of article 18 of the Covenant must
also guide interpretation of article 14 of the Convention on the Rights of the Child.
Accordingly, the status of the child as a rights holder in the area of freedom of
religion or belief deserves respect across the whole range of diverse faith
orientations. It furthermore covers followers of traditional religions or beliefs, as
well as of newly established religious movements.
19. The Convention on the Rights of the Child also includes a provision on behalf
of children who belong to ethnic, religious or linguistic minorities. The wording of
article 30 of the Convention resembles article 27 of the International Covenant on
Civil and Political Rights, with the remarkable exception that the Convention
includes “persons of indigenous origin”. With regard to a child from a religious
minority or of indigenous origin, article 30 of the Convention on the Rights of the
Child confirms the child’s right to “profess and practise his or her religion” and to
do so “in community with other members of his or her group ”. While the
community dimension is clearly acknowledged, the immed iate rights holder remains
the individual child who belongs to a religious minority or indigenous community.
2.
The role of parents
20. While recognizing the status of the child as a rights holder, the Convention on
the Rights of the Child also reflects the awareness that the child needs a supportive
environment to realize his or her rights. That supportive environment is usually
provided by the family. According to the preamble of the Convention, the child
“should grow up in a family environment”, since the family provides “the natural
environment for the growth and well-being of all its members and particularly
children”.
21. From that insight into the significance of the family, the Convention derives a
number of rights, which protect the relationship between children and their parents
or legal guardians. Article 7, paragraph 1, emphasizes that the child shall have “the
right to know and be cared for by his or her parents”. Article 9, paragraph 1, obliges
States to “ensure that a child shall not be separated from his or her parents against
their will”, except in clearly defined exceptional situations, which furthermore must
be carefully assessed under principles of due process and connected to effective
remedies. Even in such exceptional situations, States “shall respect the right of the
child who is separated from one or both parents to maintain personal relations ”,
unless this would clearly go contrary to the child ’s best interests. Article 18,
paragraph 1, furthermore provides that “States parties shall use their best efforts to
ensure recognition of the principle that both parents have common responsibility for
the upbringing and development of the child. Parents or, as the case may be, legal
guardians, have the primary responsibility for the upbringing and development of
the child. The best interests of the child will be their basic concern. ” While that is
formulated from the perspective of the child, it necessarily also corroborates the
specific rights and duties of parents.
22. Given the child’s dependency on an enabling family environment, albeit with
recognition of the variety of family forms, parents have the primary responsibility
for supporting the child in the exercise of his or her human rights. According to
article 5 of the Convention on the Rights of the Child, they should provide
“appropriate guidance and direction” to the child in that regard. That specific
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