The right to think and act freely
Tuesday, March 26, 2019

When children are given the freedom to form their own opinions, they experience emotional and intellectual growth. That is why article 14 of the United Nations Convention on the Rights of the Child says that State Parties (countries which endorsed the convention) "shall respect the right of the child to freedom of thought, conscience and religion.”  

As a State Party to the Convention, Rwanda established the freedom of thought, expression, conscience and religion in article 9 of N°71/2018 of 31/08/2018 Law relating to the protection of the child.

This freedom is given with consideration to a child’s age and level of understanding, and requires advice and guidance by a child’s parents or guardians.

For this reason, article 14 of the United Nations Convention on the Rights of the Child says that State Parties are obligated to respect the rights and duties of parents to provide direction to the child while they exercise their rights. This is to ensure that the rights are being exercised in a way that puts into consideration the changing abilities of the child.

For instance, a five-year-old child cannot receive the same level of freedom and independence as a 15-year-old child because they are not at the same level of thinking.

While exercising the freedom to think and act freely, a child must put into consideration public safety, health, morals and the fundamental rights and freedoms of other people. This is according to article 14 of the United Nations Convention on the Rights of the Child.

In addition to the freedom to think freely, a child has the freedom to associate and have peaceful assembly with other people. This is according to article 10 of N°71/2018 of 31/08/2018 Law relating to the protection of the child and article 15 of the United Nations Convention on the Rights of the Child. However, a child’s decision to associate with others and to participate or hold peaceful assembly is subject to guidance by parents, compliance with the law and respecting the rights and freedom of others.

Further protection of a child’s right to think and act freely is provided under article 16 of the United Nations Convention on the Rights of the Child which states: "No child shall be subjected to arbitrary or unlawful interference with his or her privacy, family, home or correspondence, nor to unlawful attacks on his or her honour and reputation.” 

Therefore, there are laws in place such as the Penal Code to persecute unlawful interference with a child’s right to privacy and the right to think and act freely.

editor@newtimesrwanda.com