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Chapter Summary

This chapter provides a definitive statement of the right of the child to religious freedom in international law. First, it provides a restatement of the scope of the right of the child, and then shows that the theoretical model is more attractive than other views. The chapter suggests answers to tensions involving children and religion. Many would expect a model of the right of the child to religious freedom to be centred on the autonomy of the child in religious matters. The right of the child is composed of both negative and positive rights against the state. The child has a negative right that the state should not interfere in the relationship between child, parents and religious community, and the child has positive rights to protection, procedures and substantive benefits.

Keywords: autonomy of children; child; international law; religious freedom

10.1163/ej.9789004162662.i-293.54
/content/books/10.1163/ej.9789004162662.i-293.54
dcterms_subject,pub_keyword
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