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A Model of the Right of the Child to Religious Freedom

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Chapter Summary

This chapter creates a theoretical framework of the right of the child to religious freedom. It sets out a prima facie statement on the right of the child to religious freedom, whereas a definitive statement will be available when prima facie rights are weighed up against any competing principles. The chapter adopts the interest theory of rights, which provides a good conceptual account of the child's right to religious freedom. It is then possible to develop a workable framework of the right. It is necessary to consider the issue of autonomy because it is one of the key concepts in children's rights, and because it is often associated with the existence of a right. The right of the child to religious freedom is based on the interest of the child to be unhindered in their growth as an independent autonomous actor in the matrix of parents, religious community and society.

Keywords: autonomy; children's rights; religious community; religious freedom



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