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The Right of the Child to Religious Freedom in International Law: International Studies in Human Rights 93. Sylvie Langlaude. Martinus Nijhoff, Brill, 2006, xxviii + 292 pp (hardback €95) ISBN: 978-90-04-16266-2

Published online by Cambridge University Press:  30 April 2010

Lee Coley
Affiliation:
Solicitor
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Abstract

Type
Book Reviews
Copyright
Copyright © Ecclesiastical Law Society 2010

This book is an extremely well researched and thorough examination of all the major European and United Nations case law and conventions that touch on or deal directly with the book's topic. The author's premise is the desire to sift through the complex and varied area of the right to religious freedom in international law, analyse the role of children in relation to that right and to arrive at a definitive statement of what the child's right to religious freedom is.

This work has highlighted the diverse and sometimes unsatisfactory approach of the various international organs to the right of a child to religious freedom. Hopefully, this will result in a debate about how the right can be developed and considered in the future.

The author has examined in detail the relationship of children to a variety of religions, various theories of rights vis-à-vis children and the sources of international law themselves before drawing conclusions from the thorough study. It is quite clear that the lack of international consistency and regard to this topic needs to be addressed. It is also clear that the author considers that her theoretical model of the right of a child to religious freedom (the right of every child to be unhindered in their growth as an independent autonomous actor in the matrix of parents, religious community and society) is a far better model than those currently being used by the various European and United Nation bodies determining this issue. In producing a model and offering a way forward the author refrains from the simple task of critiquing and offering nothing in return.

It is refreshing to find an author who has the confidence to critique, with some fervour, the current approach to this ever more relevant right and argue for a comprehensive approach that promotes an understanding of the individuality of the child. Certainly, her assessment of the some of the decisions of the various commissions determining the scope of the right of a child to religious freedom is unflinching in its criticism.

The author cannot be faulted for the breadth of the subject matter. Indeed, part of her rationale for producing this work is because there is no other similar work in existence. However, at times the attention to detail means that sight is lost of the main premise. Whilst the author undoubtedly felt she had no option but to consider and assess the various international case law and conventions, it results in an overload of detail and creates a stilted feel. In addition, the conclusions of each chapter in which the various conventions are assessed have a similar negative and somewhat repetitive feel. The book is, as a result, harder to follow and thus the author's argument is weakened.

This work aims to stimulate debate about the right of a child to religious freedom. There is no doubt that it will add to the conversation, but perhaps in a less effective way than it might have done, because of the struggle the reader has to maintain a focus throughout on the ambitious underlying premise.