Prawo rodziców do wychowania dzieci zgodnie z własnymi przekonaniami a wolność sumienia i religii dzieci w Konstytucji RP oraz w Konwencji o Prawach Dziecka

Abstract

A democratic state recognizes a natural right of parents to rear their children in accordance with their own convictions. This right is intimately linked with the freedom of religion and belief, nonetheless it goes beyond the realm of religious and moral upbringing. On the same time, the lawgiver when enacting the Constitution of the Republic of Poland took into consideration the prevailing social views on the position of the child within and outside their family, which found expression in the explicit recognition of the legal status of the child as an entitled person with respect to fundamental rights. Thus, the parental rights related to upbringing of their children are subject to limitations resulting in the duty to take into consideration the evolving capacities of the child, their degree of maturity, as well as their human rights, including the freedom of conscience and religion. The article discusses the relationships between the right of the parents and the rights of the child as enshrined in the Constitution of the Republic of Poland. The interpretation of the relevant constitutional provisions is enriched by considering the comparative perspective, in particular by presenting doctrinal views on the issues in question expressed in the context of the UN Convention on the Rights of the Child.