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The autonomy of the child in the perspective of the child’s freedom of thought, conscience and religion, and the parents’ right to raise their child according to their own convictions – Part I

child autonomy parental authority raising and managing the child rational partnership

The area of family-law relations is of key importance for shaping the child’s autonomy. The family environment shapes the minor, influences the formation of his or her individual personality and prepares him or her for independent functioning in society after reaching the age of majority. The scope of the minor’s autonomy, also in terms of the possibility of exercising the freedom of thought, conscience and religion, is largely determined both by the scope of parental authority and the principles of exercising it, as set out in Art. 95 of Family and Guardianship Code. Parental responsibility should be execute with respect for the dignity and rights of the child, in accordance with the child’s best interests and social interest, and before taking decisions on more important matters concerning the child, parents should listen to them, if the child’s mental development, health and maturity allow it, and take into account as far as possible his or her reasonable wishes. Such execution of parental authority is a manifestation of a rational partnership between parents and children and fosters the empowerment of the minor. Autonomy has its internal (personal) dimension which boils down to the possibility of accepting one’s own rules of conduct, a specific system of values and worldview, but also has an external dimension, which is revealed by taking specific actions or omissions. By taking care of the child, the parents undertake educational activities that primarily shape the minor’s internal autonomy. They instill in him or her a specific worldview and system of values, familiarizing them with the content of the law and the principles of social coexistence. Managing a child, which consists in making decisions about the child and for the child, until it cannot make independent decisions, directly affects its autonomy in the external dimension.

doi:10.34616/141811 ISSN 2450-3932

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