ABSTRACT

It is hard to ignore the tension that exists between the liberty of parents or legal guardians “to ensure the religious and moral education of their children in conformity with their own convictions”1 on the one hand, and childrens autonomous right to freedom of religion or belief on the other.2 The recogni­ tion of parental rights in this context can be considered rather unique in so far as it provides a third party with rights vis-a-vis the individual. In other words, it provides a third party with a right to interfere with someone’s (the child’s) freedom or at least to temporarily exercise it on the latter s behalf. With the entry into force of the Convention on the Rights of the Child, the paradigm has arguably shifted from prior and decisive parental rights to an autonomous childrens right to freedom of religion or belief (with parental rights being accessory).3 The Childrens Rights Convention has sought to constructively deal with the tension at stake: it recognizes childrens right to freedom of reli­ gion or belief whilst urging state parties at the same time:

...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 [to freedom of religion or belief] in a manner consistent with the evolving capacities of the child.4