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adopting a different conviction in the course of his or her later development, as
protected in article 14, paragraph 1, of the Convention on the Rights of the Child.
2.
Religious instruction within the family
43. The small child typically receives his or her first religious instructions within
the family and/or the local religious community. Parents engaged in religious
instruction thereby exercise their parental rights, while at the same time directing
the child in the exercise of his or her own right to freedom of religion or belief.
With the tacit or express consent of the parents, the religious community can also
take an active role in familiarizing the child with religious or belief matters. States
are obliged to respect and protect such activities, including by facilitating the
development of the appropriate infrastructure needed for religious communities,
especially minority communities, to be able to pass on the tenets of their faith to the
next generation.
44. In its assessment of country situations, the Committee on the Rights of the
Child repeatedly expressed concerns that State-imposed restrictions on religious
instruction might seriously infringe the freedom of children, in particular children
belonging to religious minorities, to study and practise their religion (see, for
example, CRC/C/CHN/CO/3-4, para. 41, and CRC/C/KWT/CO/2, paras. 37 and 38).
The Special Rapporteur and his predecessors also addressed this problem in various
country visits (see, for example, A/HRC/10/8/Add.4, para. 46 and
A/HRC/28/66/Add.1, para. 63).
45. Religious instruction should be given in a manner consistent with the evolving
capacities of the child. Young children may need appropriate child -centred forms of
teaching, including through dialogue and example. 10 The more children mature, the
more should they be able to take an active part in such instructions and their own
positions, questions and concerns should be heard and taken seriously, in
accordance with article 12, paragraph 1, and article 14, paragraph 1, of the
Convention on the Rights of the Child. An older child should thus also be respected
in his or her refusal to receive religious instruction.
3.
Participation in religious community life
46. The child has the right to participate widely in religious community practices,
including by attending religious services, performing common prayers and
ceremonies and celebrating religious holidays. While for younger children that
generally presupposes the tacit or express consent of parents or guardians, more
mature children deserve respect for their own decisions in that regard, including the
decision not to participate if they so wish. When assessing country situations, both
the Committee on the Rights of the Child and the Special Rapporteur have
expressed concerns about tight restrictions as they exist in some coun tries. Such
restrictions may largely prevent minors from having access to religious community
practices, in violation of their freedom of religion or belief (see, for example,
CRC/C/UZB/CO/3-4, para. 32, A/HRC/10/8/Add.4, paras. 45 and 46, and
A/HRC/28/66/Add.1, para. 64).
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See Committee on the Rights of the Child, general comment No. 7 (2006) on implementing child
rights in early childhood.
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