Il minore tra diritto e religione

ABSTRACT: Against the backdrop of the conventional principles of the best interests of the child and the evolving capacities, the essay will explore the interdependence and conflict between children’s rights and parental educational rights in the matter of religion and belief. A proposal for an axiological priority of children’s rights will be put forward, applying the capabilities approach and the situational vulnerability theory. Two case studies will help developing a holistic and relational understanding of the complex relation between children, families and the state where freedom of religion or belief is at stake: religious education in case of child custody and the legislative ban of ‘conversion therapies’. Some conclusive remarks will focus on the effect produced by the current geopolitical and religious global landscape with regard to children’s rights and religion.