ABSTRACT

The child's right of religious freedom is a particular 'right-in-trust' which can be violated by adult conduct which effectively forecloses the child's future religious options. The religiously devout parent who is wise will not compel his or her children to participate in or undergo religious practices and rituals to which the child strongly objects. This chapter examines the right to freedom of conscience under the United Nations Convention on the Rights of the Child (UNCRC). It explores whether there ought to be such a right is the difficult normative issue. The chapter describes a liberal versus a Christian conception of the family and childrearing, and outlines several arguments why such a right is an unwise idea. The practical operation of a child's right of religious autonomy would see the State determining whether the religious decision at issue was best for that child.