This chapter considers the US culture war over the contested freedom of religion rights of child and parent as impacted by State authorities in the public education setting. A child’s autonomous right to freedom of thought, conscience and religion is articulated in the Convention on the Rights of the Child (CRC) Article 14, Also considered is the tension between the child’s right in a democracy to exposure to diversity in the student population and pluralism in viewpoints more generally versus the wish of some fundamentalist religious parents to shelter their children from such diversity. The case law reveals a lack of consistency in how that tension is resolved amongst various Western States. In addition, the notion is explored that a denial of exposure of schoolchildren to diversity is a violation of their right to education under CRC Article 29. The latter article sets out the child’s right as part of the preparation to be a citizen in a free society to be educated for tolerance, peace and respect for diversity.

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US Education Culture Wars: The Right in a Democracy to Exposure to a Plurality of Views

  • Sonja C. Grover

摘要

This chapter considers the US culture war over the contested freedom of religion rights of child and parent as impacted by State authorities in the public education setting. A child’s autonomous right to freedom of thought, conscience and religion is articulated in the Convention on the Rights of the Child (CRC) Article 14, Also considered is the tension between the child’s right in a democracy to exposure to diversity in the student population and pluralism in viewpoints more generally versus the wish of some fundamentalist religious parents to shelter their children from such diversity. The case law reveals a lack of consistency in how that tension is resolved amongst various Western States. In addition, the notion is explored that a denial of exposure of schoolchildren to diversity is a violation of their right to education under CRC Article 29. The latter article sets out the child’s right as part of the preparation to be a citizen in a free society to be educated for tolerance, peace and respect for diversity.