Libertà religiosa dei minori, diritti educativi dei genitori e vita familiare: recenti sviluppi nella giurisprudenza della Corte europea dei diritti umani

Children’s Right to Freedom of Religion or Belief, Parents’ Right to Education and the Right to Family Life : Recent Trends in the Jurisprudence of the European Court of Human Rights · This article examines the background and the legal reasoning of the ruling T.C. v. Italy, delivered by the ECtHR on the issue of parental religious education and the right to family life. The domestic courts’ order to the applicant, a Jehovah’s Witness, to refrain from actively involving his daughter in his religious practices, was upheld by the Strasbourg Court, which found no violation of Article 14 in conjunction with Article 8 of the Convention. The Court held the view that the measure had been taken in the child’s best interests and was aimed solely at preserving her freedom of choice. The comment focuses upon two main questions. Firstly, from the standpoint of children’s rights, it shall be favourably noted that the Court’s finding put the child’s best interests as a primary consideration in an issue related to family life. Secondly, it will be argued that the case would have been more appropriately decided within the framework of Article 9, since the controversy refers more to freedom of religion than to family life. Had the Court applied Article 9 instead of Article 8, it would have clarified its viewpoint on how children’s freedom of religion and parental religious educational rights may be rightly balanced.