A/70/286
religion or belief, thus paying respect to the child as a rights holder from early
on. Article 14 of the Convention should be interpreted in line with all other
relevant international standards on freedom of religion or belief, including
article 18 of the Universal Declaration of Human Rights, article 18 of the
International Covenant on Civil and Political Rights and the Declaration on the
Elimination of All Forms of Intolerance and of Discrimination Based on
Religion or Belief.
76. The rights of children and parental rights in the area of freedom of
religion or belief, although in practice not always consonant, should generally
be interpreted as being positively interrelated. They cover various spheres of
life, from the child’s religious initiation into the family and his or her
participation in religious community life to religious instruction given in the
context of school education. While State interventions may sometimes be
necessary, for instance to protect the child from neglect, domestic violence or
harmful practices, unjustified State interference with parental rights in the
area of freedom of religion or belief will in many cases simultaneously amount
to violations of the rights of the child.
77. Harmful practices, such as female genital mutilation or child marriage,
can never be “justified” by the invocation of freedom of religion or belief and
States are obliged to take all appropriate measures to eliminate such practices.
When tackling the root causes of harmful practices, including certain cultu ral
and religious traditions, States should avoid stereotypical overgeneralizations,
always bearing in mind the broad range of inter- and intrareligious pluralism.
78. When ritual male circumcision of a child is performed, appropriate
sanitary conditions and professional performance should be ensured.
79. Against the background of the observations above, the Special Rapporteur
formulates the following recommendations:
(a) In line with the Convention on the Rights of the Child and other
relevant international human rights standards, States and other stakeholders,
including religious communities and families, should recognize the status of the
child as a rights holder;
(b) States should withdraw reservations concerning article 14 of the
Convention on the Rights of the Child. When implementing the Convention,
they should understand article 14 as an integral part of it, which stands in
continuity with freedom of religion or belief, as enshrined in other international
instruments, including article 18 of the Universal Declaration of Human Rights,
article 18 of the International Covenant on Civil and Political Rights and the
Declaration on the Elimination of All Forms of Intolerance and of
Discrimination Based on Religion or Belief;
(c) Article 14 of the Convention on the Rights of the Child should be
broadly interpreted as covering theistic, non-theistic and atheistic beliefs,
including the right not to profess any religion or belief;
(d) States should respect, protect and promote parental rights and the
rights of the child as, in general, positively interrelated rights, including in the
area of freedom of religion or belief. Respect for the “evolving capacities of the
child” should be understood as an integral part thereof. States should avoid
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