CHAPTER 24 Geraldine Van Bueren, Parents, Children, State Parens Patriae Interests and Freedom of Religion or Belief
In this chapter, Geraldine Van Bueren discusses how the rights of children, the duties of parents or legal guardians, and the legitimate concerns of the state in promoting the best interests of the child can come into conflict, especially in the area of religion or belief. Although states have not expressly acknowledged children’s right to have or to adopt a religion or belief of their choice, Van Bueren argues that this right can certainly be inferred from the International Covenant on Civil and Political Rights. Children have in principle the right to choose and to manifest their religion or belief, and have in principle the right to disagree with their immediate surrounding in matters regarding religion or belief. Van Bueren demonstrates the complexities involving children who do not wish to adhere to the majority belief of their communities or to the religion or belief of their individual families. In such situations the interests of the child, the parents, and the state compete. This balancing act must take into account the best interests of the child; this concept does not necessarily means that the views of parents are decisive. Van Bueren makes clear that children must enjoy autonomy in matters regarding religion or belief.
