ARTICLE 5: PARENTS, CHILDREN, STATE

 

Paragraph 5.1: Rights of Three Parties is divided into five sub-components. Explain that the reason for this is the importance of defining the inter-relationship of the rights of parents, children and the state. This division at times differs with the Convention on the Rights of the Child (CRC). Paragraph 5.1 and the CRC were the primary human rights instruments for research on the rights of children in your community.

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.

Explain the meaning of this right for your community. If you are preparing a community case study, give specific examples of where the rights of parents have been violated.

 

 

5.1.2: Guiding Principles in Education

Every child shall enjoy the right to have access to education in the matter of religion or belief in accordance with the wishes of the parents or, as the case may be, legal guardians, and shall not be compelled to receive teaching on religion or belief against the wishes of parents or legal guardians; the best interests of the childe being the guiding principle.

There are communities where children receive instruction in religion or belief contrary to the wishes of their parents. Explain what your research shows on this issue for your community. If the rights of parents are not honored identify why and by whom.

 

 

5.1.3: Child’s Right to Protection

The child shall be protected from any form of discrimination on grounds of religion or belief. He[she] shall be brought up in a spirit of understanding, tolerance, friendship among peoples, peace and universal brotherhood, respect for freedom of religion or belief of others, and in full consciousness that his [her] energy and talents should be devoted to the services of their fellow human beings.

Describe how the religious and non-religious beliefs in your community bring up children in the principles above and to respect the rights of others to believe as they so choose.

 

 

5.1.4: Best Interests of the Child

In the case of the child who is not under the care of either of his parents or of legal guardians, due account shall be taken of their expressed wishes or of any other proof of their wishes in the matter of religion or belief, the best interests of the child being the guiding principle.

This term is in the Convention on the Rights of the Child. It is a little meaningless in that it cannot be measured. Write a short paragraph about what you think the meaning of term means for your community.

 

 

5.1.5: State Rights to Protect the Child

Practices of a religion or belief in which a child is brought up must not be injurious to his [her] physical or mental health or to his full development, taking into account Article 1, Paragraph 3, of the present Declaration.

It is extremely serious when the practices of a religion or belief must be limited by the State to protect children from physical or mental harm. Identify any instances in your community where this has happened or should not have happened. Use as a case study.