The Child's Right to Religious Freedom in International Law: The Search for Meaning

This aim of this chapter is to consider to what extent international standards on the child's right to religious freedom meet these criteria. Looking particularly at the provisions of the Convention on the Rights of the Child (CRC), the International Covenant on Civil and Political Rights (ICCPR), and the European Convention on Human Rights and Fundamental Freedoms (ECHR), it explores the meaning, scope, and value of the standards set by these international instruments and asks what level of protection international law provides for the child's right to religious freedom. Notwithstanding that national courts, particularly in the US, have been active in this area; the focus of the chapter is on the court's positions at the international level. Moreover, although religion is frequently invoked in family law disputes, it will focus on the right of the child to religious freedom in the educational setting as it more directly engages the independent right of the child.