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About Children's Rights 14. Freedom of thought and religion

Ariticle14Freedom of thought and religion

  1. States Parties shall respect the right of the child to freedom of thought, conscience and religion.
  2. States Parties shall respect the rights and duties of the parents and, when applicable, legal guardians, to provide direction to the child in the exercise of his or her right in a manner consistent with the evolving capacities of the child.
  3. Freedom to manifest one's religion or beliefs may be subject only to such limitations as are prescribed by law and are necessary to protect public safety, order, health or morals, or the fundamental rights and freedoms of others.

This article clarifies that children have freedom of thought, conscience and religion. “Freedom of thought” means that they are free to have their own thoughts on various matters in society, such as politics, and to think what they like. “Freedom of conscience” means that they are free to judge right and wrong in various matters, and “freedom of religion” means that they can hold any religious belief they wish to believe in.

「思想・良心・宗教の自由」について表した図

Paragraph 1 specifies respect for children's freedom of thought, conscience and religion. Paragraph 2 states that the right and obligation of parents and guardians to instruct their children on the freedoms set out in paragraph 1 in a manner and content appropriate to the child's stage of development must be respected. This section imposes restrictions on “the right of parents to decide which religion their children believe in” and parents must respect the child's wishes according to their developmental stage. Paragraph 3 sets out restrictions on children's freedom to express their religion or belief. The freedom to “have” religion or belief is respected without restriction, but the freedom to express them can be restricted if it harms public safety and order, public health or morals, or the fundamental rights and freedoms of others. This is for the same reasons as in Article 12(2).

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