The parents or as the case may be, the legal guardians of the child have the right to organize the life within the family in accordance with their religion or belief and bearing in mind the moral education in which they believe the child should be brought up.

This gives parents the right to direct their children’s religious and moral education. It does not indicate the age, moment, or level of maturity at which a child is entitled to being his or her own decisions in matters of religion or belief. The Convention on the Rights of the Child (CRC) addresses this lack of clarification by defining “child” as ‘every human being below the age of eighteen years unless under the law applicable to the child, maturity is attained earlier. The age of eighteen therefore, can be considered as applicable under all international standards of human rights. The CRC further declares in Article 14 that States Parties shall respect the rights and duties of the parents to provide direction to the child in the exercise of his or her rights, “in a manner consistent with the evolving capacities of the child”. This phrase is not clarified or defined presumably leaving it open to the family, or the standards of each state to decide.

Related Examples

•  China: In the People’s Republic of China, it has long been alleged the State prevents parents from directing the moral education of the child and coercively directs the ideology and moral development of children through the local Communist Party in the community.

Learning Experiences

In most countries parents have the right to direct their children’s moral development. Most parents raise the young child in their own religion or belief. Contact parents and religious leaders and ask them if this is the case in your community. Read Article 23 of the ICCPR and Article 10 of the ICESCR on rights and protections of a family.

TOPIC NOTES

Term 5.1.1: Parents Rights to Raise Children

The parents or as the case may be, the legal guardians of the child have the right to organize the life within the family in accordance with their religion or belief and bearing in mind the moral education in which they believe the child should be brought up.

Review the Convention on the Rights of the Child, Articles 2,14,20,29,30, and Article 23 of the ICCPR, and Article 10 of the ICESCR. These articles protect the rights of the child and life within the family. Compare them with rules and regulations on family life in your community. Summarize below.