Analisis Kebebasan Beragama Menurut Perkara 14 Convention on The Rights of The Child dan Undang-Undang Brunei Darussalam

Abstract

The Convention on the Rights of the Child (CRC) is an international human rights treaty that upholds the political, economic, social and cultural rights of all children under the age of 18 unless the State Party prescribes it earlier. Freedom of religion is one of the rights that is provided in Article 14 of the CRC whereby the State Party shall respect the rights of children to freedom of thought, conscience and religion. However, Brunei Darussalam placed a reservation on that Article when ratifying it on December, 27 1995, as it was deemed to be in conflict with Hukum Syara’, the Constitution and the laws of Brunei Darussalam. This paper aims to analyze freedom of religion for children from an Islamic perspective, the law of Brunei Darussalam and the CRC. In addition, this study explores the views and comments of the State Parties of the United Nations (UN) in order to identify and understand the reviews of religious freedom in their respective countries. This study uses a qualitative method by using comparative studies, descriptions, interpretations, case studies, and explaining the laws of Brunei Darussalam and provisions of the CRC. It also involves field research in order to obtain information on children who have converted to Islam in Brunei Darussalam. The results of the study found that the right to freedom of religion in the CRC is not in line with the principles and teachings of Islam and the imposition of Article 14 of the CRC should be in line with Hukum Syara’ and the laws in Brunei Darussalam.