When rights conflict: protecting children’s health from parents’ religious practices

Human rights are a key component of human dignity and fulfilment. Yet, the exercise of certain people’s rights can interfere with other individuals’ rights, and the state has a responsibility to protect all of its citizens. When various rights are at odds, which ones should be privileged? This article asks about the intersections of parents’ religious and cultural rights and the rights of their children and the community at large to health care. It examines cases of Female Genital Cutting (FGC), denial of evidence-based treatment for illness or injury of children, sometimes accompanied by faith healing, as well as refusal of vaccination for religious reasons. Arguments are presented from different perspectives including from those privileging parents’ decision-making for their children and from those who argue the state must step in to shield children in such cases. Drawing on human rights documents, ultimately, the article suggests that although parents can mandate many decisions for their children such as how they dress or where they attend school, a line should be drawn in terms of protecting children and the public from lasting physical harm.