Max Planck Institute for Social Anthropology

Harmful Religious Upbringing When Parents Rely on God

by Fei An Kersten and Susan Rutten

Question(s) at stake

Whether the orthodox religious convictions of parents may lead the court to deprive them of their parental authority over a minor.

Outcome of the ruling

Where parents are unable or unfit to ensure the mental and physical well-being and safety of their child, which may derive from their religious convictions, and the best interests of the minor do not oppose it, they may be deprived of their parental custody ex Art. 1:266 DCC.

Country:

Netherlands

Official citation

Court of Appeal The Hague, 4 August 2010, (Gerechtshof ‘s-Gravenhage, 4 augustus 2010)

ECLI:NL:GHSGR:2010:BN9246

Topic(s)

Keywords:

Balancing act Best interests of the child Children's rights Limitations and justifications Measures and actions involving children Parental responsibility Parental rights Freedom of thought, conscience and religion

Tag(s):

Child protection measures

Bibliographic information

Kersten, Fei An; Rutten, Susan (2024): Harmful Religious Upbringing When Parents Rely on God, Department of Law and Anthropology, Max Planck Institute for Social Anthropology, Halle (Saale), Germany, CUREDI076NL006, https://doi.org/10.48509/CUREDI076NL006.

About the authors

Fei An Kersten (Faculty of Law, Maastricht University, Netherlands)

Susan Rutten (Faculty of Law, Maastricht University, Netherlands) ORCID logo