DREPTURILE COPILULUI. DREPTUL LA RELIGIE. PROVOCĂRI ȘI INEGALITĂȚI
THE CHILDREN`S RIGHTS. THE RIGHT TO FREEDOM OF RELIGION. CHALLENGES AND INEQUITIES
Author(s): Carmen Oana MihăilăSubject(s): Civil Law
Published by: Editura Pro Universitaria
Keywords: children`s rights; freedom of religion; intolerance; discrimination; ECHR Convention; Convention on the Rights of the Child;
Summary/Abstract: The discrimination, intimidation or abuse, doubled by poverty and social, religious or sexual exclusion are a bleak reality that children all over the world are still facing, despite the considerable progress of the last years. In the intricate jurisprudential matter of the fundamental human rights, children make things even more difficult. Although extremely vulnerable and in need of protection, they must be individually acknowledged as rights-holders, beyond their membership to a family or a community (particularly in case the interests of the parents and those of their children are not quite the same).The international legislation ensures the freedom of religion but over the last years the increased migration has brought about the thorny issue of the manifestation of religious belief at the expense of violating other people`s rights. This has become a real challenge for the entire world but mostly for the European bodies which must adapt the legislation to the ongoing situation. Unfortunately, when children are involved the issue gets even more serious. The child`s right to freedom of religion triggers debates on various levels: child`s right to be raised in a certain religion (paradigm which includes both the parents and the state), child`s right to change or even stop following a certain religion, or even the child`s right not to be constrained to express his religious beliefs.The present article brings into the limelight a series of solutions passed by the ECHR, a selection of aspects regarding the right to freedom of religion in various legislations, along with some controversial elements concerning the teaching of religion in schools.
Journal: Revista Facultății de Drept Oradea
- Issue Year: 1/2021
- Issue No: 2
- Page Range: 31-47
- Page Count: 17
- Language: Romanian