T.C. v. Italy, No. 54032/18, ECtHR (First Section), 19 May 2022

Religious upbringing of the minor. It does not violate article 14 of the ECHR, in conjunction with article 8, read in the light of article 9, the prohibition imposed on the parent, during the custody trial, to refrain from involving the daughter in functions and practices of his religion.

 

Art. 8 ECHR
Art. 9 ECHR
Art. 14 ECHR

1. The practical arrangements for exercising parental authority over children defined by the domestic courts could not, as such, infringe an applicant’s freedom to manifest his or her religion. The priority aim is taking account of the best interests of children and it involves reconciling the educational choices of each parent and attempting to strike a satisfactory balance between the parents’ individual conceptions, precluding any value judgments and, where necessary, laying down minimum rules on personal religious practices.

2. The child’s interests lay primarily in the need to maintain and promote her development in an open and peaceful environment, reconciling as far as possible the rights and convictions of each of her parents. Therefore, a violation of the Convention may not be found if the contested measure had little influence on the applicant’s religious practices and was in any event aimed solely at resolving the conflict arising from the opposition between the two parents’ educational concepts, with a view to safeguarding the child’s best interests.