European Organizations on Religious Education: A Child's Rights Perspective

Abstract: UN Convention on the Rights of the Child is a progressive instrument specifically designed for children that gives a right to a child for her/his views to be heard whenever the decision that might affect her/his life is taken, including the decision on religious education. Further, when the child is mature enough she/he has a right to choose independently her/his religious education, while the parents have a role of direction and guidance. As opposite to the CRC, the European Convention on Human Rights was drafted in a different period and henceforth has a different approach to the protection of children’s rights. The EU Charter, a modern instrument, is more child sensitive as compared to the ECHR. The OSCE’s document addressing religious education seem not be in full compliance with the CRC. Yet, inconsistency in the protection of child’s right in Europe, seen trough the example of religious education, is reflecting negatively on legal certainty and consequently on the protection of children’s rights. Thus, there is a need as well as a possibility to make a coherent system of children’s rights protection in Europe, the one that would be in compliance with the CRC. Although there could be different ways to achieve this goal, this thesis has supported change of the ECHR through the adoption of an Additional Protocol, as the most suitable solution.