Parenting Orders for Brethren Families in Australia: The Religious Perspective of Children
This article draws a distinction between a child's possible right to freedom of religion under the Convention on the Rights of the Child (CRC) and recognition of a child's religious beliefs and religious experiences as may be relevant to the child's best interests under the Australian...
| Published in: | The journal of CESNUR |
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| Main Author: | |
| Format: | Electronic Article |
| Language: | English |
| Check availability: | HBZ Gateway |
| Journals Online & Print: | Drawer...
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| Fernleihe: | Fernleihe für die Fachinformationsdienste |
| Published: |
[2021]
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| In: |
The journal of CESNUR
Year: 2021, Volume: 5, Issue: 2, Pages: 113-134 |
| Standardized Subjects / Keyword chains: | B
Children's rights convention (1989 November 20)
/ Australia
/ Family law
/ Child
/ Religious freedom
/ Plymouth Brethren
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| RelBib Classification: | CB Christian life; spirituality CH Christianity and Society KBS Australia; Oceania KDH Christian sects XA Law ZA Social sciences |
| Further subjects: | B
Exclusive Brethren
B Children's rights convention B Plymouth Brethren Christian Church B Doctrine of Separation from Evil B Family Law Act |
| Online Access: |
Volltext (lizenzpflichtig) |
| Summary: | This article draws a distinction between a child's possible right to freedom of religion under the Convention on the Rights of the Child (CRC) and recognition of a child's religious beliefs and religious experiences as may be relevant to the child's best interests under the Australian Family Law Act (FLA). It does so by reviewing some of the key family law jurisprudence relating to the Exclusive Brethren (Brethren) in Australia. It is proposed that, despite the incorporation of the CRC in the FLA, the FLA does not confer any rights on a child to freedom of religion. As a result, the Family Court of Australia may consider a child's religious beliefs as these are relevant to the child's best interests under the FLA, but the Family Court cannot rely on the child having any religious rights per se under the FLA. |
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| ISSN: | 2532-2990 |
| Contains: | Enthalten in: The journal of CESNUR
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| Persistent identifiers: | DOI: 10.26338/tjoc.2021.5.2.6 |