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when parents welcome newborn children as members of the family and the larger
community, when they familiarize children with their religious lifeworld, or when
they teach them the basic rules of interaction, ethical principles and how to perform
prayers and religious ceremonies. Freedom of religion or belief protects such
religious socialization processes broadly, as part of the right to manifest one’s
religion or belief “in worship, observance, practice and teaching”. 9 Here again,
article 14 of the Convention on the Rights of the Child must be seen in continuity
with other provisions of freedom of religion or belief, as enshrined in article 18 of
the Universal Declaration of Human Rights, article 18 of the International Covenant
on Civil and Political Rights and other international instruments.
C.
Dimensions of practical application
39. The requirement to respect the “evolving capacities of the child”, as laid down
in article 5 of the Convention on the Rights of the Child, is reiterated only in
article 14, paragraph 2, of the Convention, which accounts for the significance
accorded by the Convention to upholding that principle in the context of freedom of
religion or belief. Respect for the evolving capacities of th e child is critical, since it
reflects the due recognition of the child as a rights holder also within the family
context.
1.
Religious socialization
40. In the early years, a child’s survival, socialization, development and general
well-being totally depend on regular support which is usually provided by his or her
parents. Accordingly, the “direction” given by parents in the exercise of the child’s
rights, in accordance with article 5 of the Convention on the Rights of the Child, is
particularly far-reaching when concerning infants or young children. That also
applies to freedom of religion or belief. Under articles 5 and 14, paragraph 2, of the
Convention, States are obliged, first of all, to “respect” those parental rights and
duties.
41. Welcoming the newborn child into the family and the larger community
frequently involves religious initiation rites. As part of religious socialization
processes, such initiation rites, provided they take place with the free consent of the
parents, fall within the right to manifest one’s religion or belief, as protected under
article 18 of the International Covenant on Civil and Political Rights and similar
provisions. Limitations, if deemed necessary, for instance to prevent harmful
practices, must meet all the criteria listed in article 18, paragraph 3, of the Covenant
and reiterated in article 14, paragraph 3, of the Convention.
42. Whereas protection against harmful practices can become an argument for
prohibiting or limiting the application of certain initiatio n rites, depending on the
specific circumstances of the case, the child’s freedom from religion, or an alleged
right of the child to remain uninfluenced by religious initiation, cannot be invoked
as arguments for limiting such religious ceremonies undertaken with the free
consent of the parents of a child who has not yet reached religious maturity.
Moreover, as pointed out earlier, being initiated into a particular religious
community does not waive the right of the child to change his or her religion when
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15-12514
See article 18, para. 1, of the International Covenant on Civil and Political Rights.
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