ABSTRACT

Many of today’s most heated debates on religious freedom concern family-related issues. Among them, child-rearing is one of the areas where conflicts and disputes between religious beliefs, secular values and legal regulation are most prevalent in European countries. In order to resolve these disputes, CoE law (in particular, Article 2 of Protocol No. 1 to the ECHR) must be applied in a manner consistent with international law, and in particular with Article 14 (2) of the CRC, which requires States Parties to respect the rights and duties of parents to guide their children in the exercise of their right to freedom of thought, conscience and religion, in a manner consistent with the child’s evolving capacities (and based on the best interests of the child, as guaranteed by Article 18 (1) of the Convention). This essay examines the ECtHR’s case-law on this subject, which is constantly seeking a difficult balance between the protection of the religious freedom of both parents and children, the best interests of the child, and the state’s protective function. The analysis inevitably leads to reflection on the proper scope of the margin of appreciation, often used by the Court to resolve in a “Pilates way” the most controversial cases at the intersection of law, religion and family.