Panel: ISSUES SURROUNDING PARENTAL RIGHTS TO RELIGIOUS EDUCATION: ANALYSES AND DISCUSSIONS FROM A COMPARATIVE LAW PERSPECTIVE



166.2 - A COMPARATIVE CONSTITUTIONAL ANALYSIS OF PARENTAL RIGHTS TO RELIGIOUS EDUCATION

AUTHORS:
Yamamoto K. (Kitakyushu university ~ Fukuoka ~ Japan)
Text:
The purpose of this presentation is to examine the "right of parents to educate their children according to their beliefs" from the perspective of comparative constitutional law. Among the 193 constitutions currently in force, 95 explicitly address the rights and duties of parents. Of these, 14 constitutions explicitly guarantee the right of parents to religious education. Some constitutions also implicitly protect this right by recognizing parents' authority to choose or determine their children's education. It is notable that many constitutions that define parental rights also impose specific restrictions on them, with variations in the methods and extent of these limitations. This presentation will analyze the content of parental rights to religious education and the restrictions placed on them, focusing on explicit constitutional provisions from various countries. In contrast, countries such as the United States and Canada do not explicitly address parental rights in their constitutions. However, the right to religious education is often interpreted as part of broader protections for freedom of conscience and religion. Such interpretations will be touched upon briefly as supplementary context.