By Eva Brems
This quantity constitutes a remark on Article 14 of the United international locations conference at the Rights of the kid, making certain the suitable to freedom of concept, moral sense and faith. it's a part of the sequence, A observation at the United international locations conference at the Rights of the kid, which supplies a piece of writing through article research of all major, organizational and procedural provisions of the CRC and its not obligatory Protocols. for each article, a comparability with similar human rights provisions is made, by means of an in-depth exploration of the character and scope of nation tasks deriving from that article. The sequence constitutes an important device for actors within the box of children’s rights, together with lecturers, scholars, judges, grassroots staff, governmental, non- governmental and overseas officials. The sequence is subsidized by way of the Belgian Federal technological know-how coverage place of work.
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Additional resources for Commentary on the United Nations Convention on the Rights of the Child, Article 14: The Right to Freedom of Thought, Conscience And Religion
Detailed analysis of the proportionality requirement is to be expected mostly on the national level, when legislators implement the CRC, or when judges give it direct effect in domestic law. In the absence of an individual complaint mechanism, the statements of the CRC Committee with regard to specific instances of violations do not leave room for thorough legal analysis. 91 In one case it expressed its concern ‘that the authorities seem to give Male circumcision may also be discussed under this heading or others, cf.
Whether the freedom of religion includes the right to change one’s religion is a contentious issue, in particular since under Islamic law, apostasy is a crime. Article 18 of the UDHR explicitly mentions the right to change one’s religion, and this was one of the reasons for the abstention of Saudi Arabia during the General Assembly vote. At the drafting of the CCPR, there was not sufficient support for the inclusion of a similar provision in Article 18 of the CCPR. 61 This was confirmed by the Human Rights Committee in its General Comment No.
Moreover, its scope is defined with reference to national law. 3 Freedom of Religion 41. Most other international provisions on freedom of religion (cf. supra) include some detail about the scope of this freedom. ’ The only detail found in this respect in the CRC, is in the third paragraph of Article 14, which mentions the ‘freedom to manifest one’s religion or beliefs’. Hence, it is clear that the freedom of religion is not intended as a purely internal freedom. What is not clear however, is what types of manifestations are included, nor whether the right to change one’s religion is protected under Article 14.
Commentary on the United Nations Convention on the Rights of the Child, Article 14: The Right to Freedom of Thought, Conscience And Religion by Eva Brems