A/70/286
contained in article 18, paragraph 3, of the International Covenant on Civil and
Political Rights is reiterated.
B.
The interrelatedness of the rights of the child to freedom of
religion or belief and parental rights
27. The relationship between the rights of the child and parental rights in the area
of freedom of religion or belief has given rise to controversies. On the one hand,
fears have been expressed that the status of the child as a rights holder might
undermine parental rights, thus opening the floodgates for far-reaching interference
by State agencies in the religious socialization of children. On the other hand, there
exist views that parents should be obliged to provide a religiously “neutral”
upbringing of their children. With the following clarifications, the Special
Rapporteur would like to contribute to a holistic understanding of the rights of the
child and parental rights in their normative interrelatedness, withou t ignoring
possible conflicts.
1.
No legitimate pretext for eroding parental rights
28. Some critics of article 14 of the Convention on the Rights of the Child have
voiced concerns that the explicit recognition of the child ’s freedom of religion or
belief in the Convention might lead to an erosion of pare ntal rights and undermine
the specific responsibility that parents have in the religious socialization of their
children. That has been among the reasons for some States entering reservations or
explanatory declarations concerning article 14 when ratifying or acceding to the
Convention. The Special Rapporteur is convinced that such anxieties cannot be
sustained on the basis of an appropriate reading of the Convention, seen in
conjunction with other relevant international standards.
29. Fears that some State agencies could be tempted to use the child’s right to
freedom of religion or belief as a pretext for undue interference are generally
understandable. As a matter of fact, in some countries, far -reaching State
interventions into families in the spheres of religious initiation, socialization and
education of children actually do occur — at times also by invoking an alleged
interest of the child. Such problematic State interventions disproportionately affect
families belonging to religious minorities, new religious movements or small
communities often stigmatized as “sects”. Depending on the country, families not
professing any religion may also be under increased threat of undue State
interference. In extreme cases, children have been taken away from their fa milies,
for instance under the pretext of saving them from ill-defined “superstitious”
religions — a pretext often invoked against indigenous families in the past.
30. Converts constitute another particularly vulnerable group. In particular, in
States that privilege a certain religion as the official or State religion, parents
converting away from that hegemonic religion run the risk of being alienated or
even separated from their children. Possibly starting with adverse comments by
teachers in kindergartens and schools, such alienation can climax in a formal loss of
custody rights, for instance when a divorce takes place. Official documents issued
for children do not always reflect the new religious orientation of parents after
conversion, thus leading to different religions being ascribed to the parents and the
children, often against the explicit will of both.
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