n Tydskrif vir die Suid-Afrikaanse Reg - Children and the right to freedom of religion : regspraak

Volume 2004, Issue 1
  • ISSN : 0257-7747
  • E-ISSN: 1996-2207



In (2003 3 SA 628 (T)) the court refused to sanction a provision in a settlement agreement between parties to a divorce action that provided as follows with regard to their three year old son: "Both parties undertake to educate the minor child in the Apostolic Church and undertake that he will fully participate in all the religious activities of the Apostolic Church" (629C).

In its argument, the court concentrates on various provisions of the constitution pertaining to the content that should be given to the child's right to freedom of conscience, religion, thought, belief and opinion and also on its own position as upper guardian in matters involving the best interests of children.

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