Page 112 - Šolsko polje, XXXI, 2020, 3-4: Convention on the Rights of the Child: Educational Opportunities and Social Justice, eds. Zdenko Kodelja and Urška Štremfel
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šolsko polje, letnik xxxi, številka 3–4
their own religious and philosophical convictions”,3 although this right
was sometimes even mentioned as a right of the child. This is especial-
ly evident in The Declaration on Eliminating all Forms of Intolerance and
Discrimination Based on Religion or Belief, which provides that every
child has “the right to education, regarding religion or belief, in accord-
ance with the wishes of his parents”.4 If it were the right of the child, it
should then be their right to be educated regarding religion or belief in
line with their wishes and not those of their parents. In my opinion, in
this context, the child’s right is nothing more than a synonym for the par-
ents’ right to determine the child’s religious education.
In this context, parents are treated as people who have the same reli-
gious or philosophical convictions. Yet should the parents of a child hold
different religious or philosophical convictions, legal and practical prob-
lems with implementation of this right of the parents can arise. Of course,
having different convictions is not yet a sufficient condition for the antin-
omy of rights. What is lacking is an intention or the will of each parent to
use this right. It is only when the father wants to educate his children ac-
cording to his convictions and the mother to hers that the problem is un-
solvable. However, despite this undiscriminating formulation of this par-
ticular parents’ right, there is no doubt that parents, under the mentioned
international Conventions and Declarations, possess the right to educate
their children consistently with their religious convictions.
Nonetheless, it seems that the Convention on the Rights of the Child
has taken a significant step toward a different interpretation of the par-
ents’ rights to education regarding their child’s religion. According to this
Convention, the States shall respect the rights and duties of the parents
“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”.5 The empha-
sis is now on the child’s right to freedom of religion, which their parents
must respect. Yet, the key question is: what does “the child’s right to free-
dom of religion” really mean? The right includes the child’s freedom to
manifest his or her religion or beliefs.6 But does this right also include a
child’s “freedom to have or to adopt a religion or whatsoever belief of his
3 “In the exercise of any function which it assumes in relation to education and to teaching,
the State shall respect the right of parents to ensure such education and teaching in con-
formity with their own religious and philosophical convictions” (European Convention on
Human Rights, 1950, Protocol I to the Convention, Article 2); Cf. The International Conven-
tion on Economic, Social and Cultural Rights, 1966, Article 13.
4 The Declaration on Eliminating all Forms of Intolerance and Discrimination Based on Religion or
Belief, 1960, Article 5.
5 Convention on the Rights of the Child, Article 14.2.
6 This “freedom to manifest one’s religion or beliefs may be subject only to such limitations
as are prescribed by law and are necessary to protect public safety, order, health or morals,
110
their own religious and philosophical convictions”,3 although this right
was sometimes even mentioned as a right of the child. This is especial-
ly evident in The Declaration on Eliminating all Forms of Intolerance and
Discrimination Based on Religion or Belief, which provides that every
child has “the right to education, regarding religion or belief, in accord-
ance with the wishes of his parents”.4 If it were the right of the child, it
should then be their right to be educated regarding religion or belief in
line with their wishes and not those of their parents. In my opinion, in
this context, the child’s right is nothing more than a synonym for the par-
ents’ right to determine the child’s religious education.
In this context, parents are treated as people who have the same reli-
gious or philosophical convictions. Yet should the parents of a child hold
different religious or philosophical convictions, legal and practical prob-
lems with implementation of this right of the parents can arise. Of course,
having different convictions is not yet a sufficient condition for the antin-
omy of rights. What is lacking is an intention or the will of each parent to
use this right. It is only when the father wants to educate his children ac-
cording to his convictions and the mother to hers that the problem is un-
solvable. However, despite this undiscriminating formulation of this par-
ticular parents’ right, there is no doubt that parents, under the mentioned
international Conventions and Declarations, possess the right to educate
their children consistently with their religious convictions.
Nonetheless, it seems that the Convention on the Rights of the Child
has taken a significant step toward a different interpretation of the par-
ents’ rights to education regarding their child’s religion. According to this
Convention, the States shall respect the rights and duties of the parents
“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”.5 The empha-
sis is now on the child’s right to freedom of religion, which their parents
must respect. Yet, the key question is: what does “the child’s right to free-
dom of religion” really mean? The right includes the child’s freedom to
manifest his or her religion or beliefs.6 But does this right also include a
child’s “freedom to have or to adopt a religion or whatsoever belief of his
3 “In the exercise of any function which it assumes in relation to education and to teaching,
the State shall respect the right of parents to ensure such education and teaching in con-
formity with their own religious and philosophical convictions” (European Convention on
Human Rights, 1950, Protocol I to the Convention, Article 2); Cf. The International Conven-
tion on Economic, Social and Cultural Rights, 1966, Article 13.
4 The Declaration on Eliminating all Forms of Intolerance and Discrimination Based on Religion or
Belief, 1960, Article 5.
5 Convention on the Rights of the Child, Article 14.2.
6 This “freedom to manifest one’s religion or beliefs may be subject only to such limitations
as are prescribed by law and are necessary to protect public safety, order, health or morals,
110
