Fundamental rights

After the separation of a couple with a child under 12 years old, a conflict arose about the religious education of the child. The mother went to court because the father was taking the child to the evangelical church and, according to her, was indoctrinating him in this faith, even though both parents had agreed during their cohabitation that the child would not receive religious education or be baptized.

The court ruled that, until the child turns 12, it is the mother who has the final say on the religious education of the minor, and prohibited the father from carrying out any kind of religious indoctrination. The father appealed alleging that his fundamental rights were being violated, such as religious freedom and the right to educate his child according to his beliefs, and even spoke of discrimination.

However, both the Provincial Court and the Constitutional Court sided with the mother. They consider that the decision protects the best interests of the child, especially because there was a prior agreement between the parents for the child not to receive religious education. In addition, the child is still not mature enough to decide for himself on these matters.

The Court clarifies that the father can continue to practice his religion individually, but cannot impose it on the child during the duration of this measure, which is temporary and aims to protect the freedom and development of the child. Ultimately, the judges have tried to balance the rights of both parents with those of the child, always prioritizing the well-being of the child.