By Eva Brems
This quantity constitutes a observation on Article 14 of the United international locations conference at the Rights of the kid, ensuring the proper to freedom of inspiration, sense of right and wrong and faith. it really is a part of the sequence, A observation at the United countries conference at the Rights of the kid, which gives a piece of writing via article research of all substantial, organizational and procedural provisions of the CRC and its not obligatory Protocols. for each article, a comparability with similar human rights provisions is made, through an in-depth exploration of the character and scope of country duties deriving from that article. The sequence constitutes a necessary device for actors within the box of children’s rights, together with lecturers, scholars, judges, grassroots staff, governmental, non- governmental and overseas officials. The sequence is backed by way of the Belgian Federal technological know-how coverage place of work.
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Additional resources for Commentary on the United Nations Convention on the Rights of the Child, Article 14: The Right to Freedom of Thought, Conscience And Religion
4. 56 ECtHR, Kokkinakis v. Greece, 25 May 1993, Publications of the Court, Series A, 260–A, para. 31. 57 See S. ’, European Human Rights Law Review, 1997, pp. 616–617. 58 Yet when certain behaviour is not protected under the freedom to manifest one’s religion, there may in some cases nevertheless exist a positive State obligation to provide for an exemption from a general rule in order to allow for this behaviour (cf. supra, No. 33). The fact that certain acts fall within the scope of Article 14 however does not mean that they cannot be restricted, since the restriction clause of Article 14(3) applies specifically to the manifestation of religion or beliefs (cf.
C. (note 11), p. 240. 58 59 SCOPE OF ARTICLE 14 23 choice in religious matters (cf. infra, No. 60). The positive aspect of the right to religious education certainly includes a negative State obligation to abstain from creating obstacles that would impede children’s access to religious education. It may also include a positive obligation to offer protection against obstacles created by others (for example community leaders). Whether it includes protection against obstacles created by the parents or legal guardians, will be discussed under Article 14(2).
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.
Commentary on the United Nations Convention on the Rights of the Child, Article 14: The Right to Freedom of Thought, Conscience And Religion by Eva Brems