Child’s Freedom of Conscience and Religion vs. the Exercise of Parental Rights. Considerations on the Grounds of Religious, Family and International Law

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Child’s Freedom of Conscience and Religion vs. the Exercise of Parental Rights. Considerations on the Grounds of Religious, Family and International Law

Journal Title: NURT SVD - Year 2018, Vol 144, Issue 2

Abstract

The freedom of conscience and religion of the child is proclaimed in both the Constitution of the Republic of Poland and in the Convention on the Rights of the Child. In both pieces of legislation, the said freedom stems from the adoption of human dignity as the basis for these rights; however, attention must be paid to the different approaches presented and especially the consequences arising thereunder. The Polish Constitution provides the parents with the right to educate their child in accordance with their own convictions. However, the FGC orders to respect the child’s right to religious freedom and the power of parents to exercise that right in a manner consistent with the evolving capacities of the child. Undoubtedly, the conflict of interests of both parties is fairly visible here. One should also pay attention to the following issues: taking into account the principle of the child welfare, child obedience towards parents and the guardian’s care for the spiritual development of the child. These issues require more extensive commentary including e.g. the law on the guarantees of freedom of conscience and religion, “Polish Concordat”, the so called individual religious acts, case law of the ECHR and the ECtHR and the teaching of the Catholic Church.

Authors and Affiliations

Jerzy Nikołajew

Keywords

EP ID EP479394
DOI -
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