CONTEMPORARY CHALLENGES OF EXERCISING THE RIGHT TO EDUCATION IN THE CONTEXT OF THE RIGHT TO FREEDOM OF RELIGION

Abstract

In the modern world new challenges and problems arise in connection with the harmonious exercise of the rights to freedom of religion and belief and education, which require more effective, human rights-based solutions, or the modernization of existing solutions. The study of international experience allows us to note that it is not always possible to balance the exercise of the rights to freedom of religion and education.

Despite the variety of alleged contradictions it is paramount to formulate the principle by which the possible problems should be solved. At the same time, such an approach raises the question of what the principle or criterion is that should be decisive to solve alleged contradictions.

Therefore, this work aims at recurring to the problems of correlation between the parents’ (guardians’, sometimes also children’s) right to freedom of religion and the children’s right to education and formulating the ways of solving the said problems, without delving into clear definitions of religion, faith, belief, conscience and education.

As a result of the analyzes summarized in this work, we have come to the conclusion that the possible problems and alleged contradictions of the correlation of the right to freedom of religion and the right to education of children need to be resolved in the context of the principle of the best interests of the child (interests of the child, general interests (welfare) of the child).