La libertad de creencias del menor y las potestades educativas paternas: la cuestión del derecho de los padres a la formación religiosa y moral de sus hijos
The minor occupies an increasingly important place in society, not only as deserving of legal protection but also as a subject with rights. These considerations have influenced in the delineation of the different spheres in which the child develops, accompanied by a recognition of greater autonomy....
| Main Author: | |
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| Format: | Print Article |
| Language: | Spanish |
| Check availability: | HBZ Gateway |
| Journals Online & Print: | Drawer...
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| Fernleihe: | Fernleihe für die Fachinformationsdienste |
| Published: |
[publisher not identified]
2009
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| In: |
Revista española de derecho canónico
Year: 2009, Volume: 66, Issue: 166, Pages: 325-351 |
| IxTheo Classification: | KBH Iberian Peninsula SA Church law; state-church law SB Catholic Church law |
| Further subjects: | B
Elternrechte
B Religious freedom B Education B Religious education B Human dignity B Child B Spanisches Recht B Spain |
| Summary: | The minor occupies an increasingly important place in society, not only as deserving of legal protection but also as a subject with rights. These considerations have influenced in the delineation of the different spheres in which the child develops, accompanied by a recognition of greater autonomy. The right to freedom of belief and the free formation of the conscience, given their close relation to human dignity, are considered to be of the utmost importance in our system and are, of course, fully accorded the minor. Nevertheless, at the same time, the minor enjoys a special protection whilst they lack the necessary judgement to fully exercise such rights. The legal system places a burden of care on those holding paternal authority, granting them the appropriate powers to correctly fulfil this duty. Taking into account that paternal action can impinge upon the rights of the child, and given the conflict with fundamental rights that this implies, this article analyses one particular aspect of parental authority: the right of parents to decide the moral and religious education of their children in accordance with the parents' own convictions |
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| ISSN: | 0034-9372 |
| Contains: | In: Revista española de derecho canónico
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