Impossible or inevitable?

Base on the what have been raised hereinabove, it is without a doubt that the issue freedom of religion of the child in a Muslim State raises much problems. Some might wonder why the fuss over the issue of religion when other rights of the child seem to be far more essential – right to life, right to education, right to health, right to be protected from exploitation etc.

It is submitted that the issue of freedom of religion is more than just the right to choose which religion. With the right to freedom of religion comes the recognition that the child is an individual, whose views are taken into account, and who possess human rights as adults do. As was stated above, the right of a child to freedom of religion is “a remarkable step towards general respect of a child’s personality”(109).

While recognising that the issue of religion is sensitive, it is submitted that the road ahead is not as difficult as perceived:-

(a) Although there are many Muslim States which have entered reservations regarding Article 14, there are also other Muslim States(110) (or States where a large majority of people are of the Muslim faith(111)) who have not entered similar reservations, thus impliedly agreeing that Article 14 is not incompatible with the Shar’ia Law.

(b) Further, States like Pakistan and Egypt have had their reservations withdrawn.

(c) more people of the Muslim faith today are going back to the Shar’ia and its sources to re-look at it in the context of the modern world.

Freedom of religion of the child in a Muslim State may not be impossible after all.


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(109) See note 37 above
(110) For instance, Yemen
(111) For instance, Turkey and Tunisia