La religion dans les décisions relatives à la santé et à l’éducation des enfants en droit canadien et québécois

• Main Author: José Woehrling
• Format: Article
• Language: English
• Published: Presses universitaires de Strasbourg 2017-05-01
• Series: Revue du Droit des Religions
• Online Access: http://journals.openedition.org/rdr/881

In this paper, the author examines the rules of Canadian and Quebec law governing the consideration of religion in decisions relating to health and education of children, decisions that are usually made by parents and sometimes by children themselves. The legislation adopted, in their respective fields, by the federal Parliament and the provincial legislatures, Quebec laws being accorded special attention, can be challenged as not respecting the constitutional rights of parents or children. We will thus consider the main decisions of the Supreme Court of Canada on the issue, in which the Court had to balance the rights of parents, those of children and reconcile the minors autonomy of decision-making and the protection of his/her life and health.