A/67/303
parties to “respect the rights and duties of the parents and, when applicable, legal
guardians, to provide direction to the child in the exercise of his or her right in a
manner consistent with the evolving capacities of the child”. The requirement to
take into account the evolving capacities of the child reflects the insight that
children themselves are rights-holders in international human rights law and,
consequently, that their own convictions deserve respect.
32. This is further specified in article 12 (1) of the Convention, which provides
that the views of the child have to be given “due weight in accordance with the age
and maturity of the child”. Concerning the question of how to determine the
maturity of the child, the Special Rapporteur is inclined to favour a case-by-case
approach rather than any fixed age limits. The Committee on the Rights of the Child
has also emphasized that “[t]he more the child himself or herself knows, has
experienced and understands, the more the parent, legal guardian or other persons
legally responsible for the child have to transform direction and guidance into
reminders and advice and later to an exchange on an equal footing. This
transformation will not take place at a fixed point in a child’s development, but will
steadily increase as the child is encouraged to contribute her or his views”. 19
33. When convictions of the parents about religious or belief matters differ, the
best interests of the child shall be a primary consideration. This also includes
respect for his or her right to be heard and giving due weight to the views of the
child in accordance with his or her age and maturity. It is important for the State to
ensure that conflicts possibly arising from parents having different convictions are
settled in an unbiased and non-discriminatory manner.
34. There can be no question that these provisions also apply to the right of
conversion and its correlate, namely, the right not to be forced to convert or
reconvert. Converts have the right for their new religious or belief affiliation to be
respected in the religious upbringing of their children, in a manner consistent with
the evolving capacities of the child. Any attempts, especially by the State or in State
institutions, to alienate the children of converts from their family in religious or
belief-related questions — for instance, by stipulating that children of converts must
receive religious instruction in schools that goes against their will or the will of their
parents — would thus infringe upon freedom of religion or belief and disregard the
best interests of the child.
C.
Violations of freedom of religion or belief in the area of conversion
35. In his daily work, the Special Rapporteur regularly receives complaints of
serious violations of freedom of religion or belief in relation to conversion in the
four subcategories mentioned in the previous section. Typical targets include
converts and their families or members of minorities or new religious movements
who are subjected to pressure to convert or reconvert to mainstream religions or
beliefs. Another problem concerns restrictions on the right to try to convert others
by means of non-coercive persuasion which, in many countries, fall short of the
criteria set out in article 18 (3) of the International Covenant on Civil and Political
Rights. Moreover, both converts and persons trying non-coercively to convert others
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12
See Committee on the Rights of the Child, general comment No. 12, CRC/C/GC/12, para. 84;
see also A/64/159, para. 27.
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