Kościół i Prawo 2 (15) 2013: 227-242

Parents’ right to educate their children in conformity with their moral and religious convictions in the Charter of the Rights of the Family

Sylwia Tyl

doktorantka, Katedra Kościelnego Prawa Publicznego i Konstytucyjnego, Instytut Prawa Kanonicznego KUL, Wydział Prawa, Prawa Kanonicznego i Administracji, Katolicki Uniwersytet Lubelski Jana Pawła II

Al. Racławickie 14, 20-950 Lublin, Poland

e-mail: styl19@op.pl

Charter of the Rights of the Family is a particular document issued by the Holy See in order to show the fundamental family’s rights, which should be respected and protected due to family is a natural community. The proper functioning of each family has significant meaning for both Church and state legislation. In particular, it should be noted that parents have a material impact on educating their children. The Holy See in the Charter of the Rights of the Family enumerated rights which should be guaranteed.

The article includes analysis the Charter of the Rights of the Family formulated by the Holy See, particularly the parents’ right to educate their children in conformity with their moral and religious convictions.

At the beginning the Author emphasised specific nature of the Charter of the Rights of the Family which expresses the thought of the Church in this field. It could be considered as sui generis document of the Holy See, partly doctrinal, partially normative.

Natural law is primary source of the Charter of the Rights of the Family what was confirmed in the introduction to this document. The Holy See notices, that parents have the primary right to educate their children, because they have given birth their children. The Character of the Right of the Family does not define the concept of "family", however family can realize their rights.

There is characterized parents’ right to educate their children and the necessity of its protection. It should be emphasised that Holy See called on the states and international organisations to protect the family.

Słowa kluczowe: rodzina, rodzice, dziecko, przekonania moralne i religijne, prawa rodziców, Karta Praw Rodziny

Key words: family, parents, child, moral and religious convictions, parents’ rights, Charter of the Rights of the Family