By Eva Brems
This quantity constitutes a statement on Article 14 of the United international locations conference at the Rights of the kid, making certain the ideal to freedom of idea, sense of right and wrong and faith. it truly is a part of the sequence, A remark at the United countries conference at the Rights of the kid, which supplies a piece of writing via article research of all sizeable, organizational and procedural provisions of the CRC and its not obligatory Protocols. for each article, a comparability with comparable human rights provisions is made, by means of an in-depth exploration of the character and scope of nation duties deriving from that article. The sequence constitutes an important instrument for actors within the box of children’s rights, together with lecturers, scholars, judges, grassroots employees, governmental, non- governmental and overseas officials. The sequence is backed via the Belgian Federal technology coverage workplace.
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Additional info for Commentary on the United Nations Convention on the Rights of the Child, Article 14: The Right to Freedom of Thought, Conscience And Religion
Respectively 16 and 14. 76 CRC Committee, General Guidelines regarding the form and the contents of the periodic reports (UN Doc. CRC/C/58, 1996), para. 24. 77 Gesetz über die religiöse Kindererziehung, 15 July 1921, RGBl. S. 939. c. (note 69), para. 33. 79 Law on educational system, September 7, 1991 (A. Lopatka, ‘Appropriate Direction and Guidance in the Exercise by a Child of the Rights to Freedom of Expression, Thought, SCOPE OF ARTICLE 14 31 62. Another area in which the capacity to make a choice is probably acquired at a younger age than the capacity to choose a religion as such, is that of the specific way of observing a religion, where this offers a certain leeway.
75 The fact that the need for this declaration was felt, indicates that at least for this government, the meaning of Article 14 is not clear with regard to the child’s freedom of choice in religion. It is indeed not 74 Certain States made reservations, safeguarding ‘the primary and inalienable rights of parents’ (Holy See) and ‘parental authority’ (Poland, Kiribati, Singapore). 75 Cf. ’ 30 CHAPTER THREE necessarily incompatible with the text of Article 14(2) to give priority to parental authority with regard to this most fundamental aspect until the age of majority, while allowing growing child autonomy in matters relating to less fundamental choices, for example regarding the participation in religious education or the observance of certain religious rules (cf.
52 45. In its General Comment No. 22 on Article 18 of the CCPR, the Human Rights Committee states: ‘The terms ‘belief’ and ‘religion’ are to be broadly construed. Article 18 is not limited in its application to traditional religions or to religions and beliefs with institutional characteristics or practices analogous to those of traditional religions. 53 There is no reason to adopt a different interpretation of Article 14 of the CRC in this respect. This is particularly relevant for the debate that exists in several States about the issue of ‘sects’, and the protection of minors against them.