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The Reflection of Parental Religious and Philosophical Convictions on Child’s Upbringing and Education in Croatian Legislation

Dubravka Hrabar orcid id orcid.org/0000-0002-4103-8190 ; Pravni fakultet Sveučilišta u Zagrebu, Zagreb, Hrvatska


Puni tekst: hrvatski pdf 257 Kb

str. 319-336

preuzimanja: 572

citiraj


Sažetak

For many years the family legislator has regulated the rights of the child in a complementary manner to parental rights, duties and responsibilities. “Right” as a faithful companion to social changes should respond to newly established social goals. Children’s upbringing provided by their parents is a separate and different subject to children’s education, but these two issues are very closely linked. Several international and European legal instruments, which are the subject of this paper, guarantee the child’s right to education and his/her right to be brought up by his or her parents. The parental influence on a child’s upbringing and his/her education is indisputable according to all international instruments. The European Court of Human Rights has dealt with various issues mostly concerning the parents’ religious or philosophical convictions, and has brought more clarity to the discussion, such as the meaning of the terms ‘respect of the right of parents” or “respect” etc. pointing out the state’s positive duties. The draft of the new Family Law Act prescribes the right of parents to influence the education of their children through teaching that suits their religious and philosophical beliefs. Of course, this right is of a relative character, bound by particular children’s rights and welfare; it was indeed intended to strengthen the parental educational function within the framework of family relationships. The draft of the Family Act precisely follows several international treaties, which explicitly acknowledge this right of parents. Unfortunately, the attacks by its opponents focused on this provision having in mind an ideological approach to family law issues. This paper briefly criticizes, with legal arguments, such an approach and is committed to the rule of law, which (also) in this case implies clear and unambiguous norms based on international documents.

Ključne riječi

upbringing, education, religious and philosophical convictions

Hrčak ID:

207486

URI

https://hrcak.srce.hr/207486

Podaci na drugim jezicima: hrvatski

Posjeta: 1.250 *