The question arises as to what is to be done where a child’s wishes as to religion and that of his or her parents do not coincide. In our view, where there is such a clash, then the child’s wishes should prevail, subject to the level of maturity of the child346 and subject to the need to promote tolerance of other cultures and religions. Definition of religion A broad interpretation of what constitutes religion is necessary to ensure that all beliefs will receive equal protection alongside the dominant religions. Consequently, traditional religions of indigenous people, which may not be codified or structured in the same way as Christianity or Islam but instead embody local myths, memories, and rituals, must be equally accommodated in educational institutions. The role of States Freedom of religion is not only an individual right but also has a community dimension.347 National systems exhibit different levels of connection between religion and the state.348 Whereas some States are religiously based or recognise a State religion, others are secular or anti-religious.349 Whatever their nature, States must accept and affirm religious diversity. Some argue that a multicultural approach to religion is characterised by a “[s]tates’ willingness to accommodate such diversity while maintaining a position of neutrality between competing beliefs”.350 In our view, however, States may support a particular religion as long as the religious beliefs of others (and the right to convert to another faith) are also accepted and affirmed. The State must strive for a “fair balance” taking into account the religious freedom of various groups and the demands of public order.351 However, only real dangers can justify measures restricting or prohibiting religious practices. 345 See article 5 of the CRC; see also article 5 (b) of the CADE. See the discussion in Gillick v West Norfolk West Norfolk & Wisbech Area Health Authority [1986] AC 112 (HL(E)). 347 See for example article 18 (1) ICCPR which affirms everyone’s right “individually or in community with others and in public or private, to manifest his religion or belief”. 348 McGoldrick Human Rights and Religion: The Islamic Headscarf Debate in Europe (2006) at 23. 349 McGoldrick Human Rights and Religion: The Islamic Headscarf Debate in Europe (2006) at 22. 350 Jackson Preece Minority Rights – Between Diversity and Community (2005) at 38. 351 ECHR Grand Chamber Leyla Şahin v Turkey [2006] ELR 73 (10 November 2005) at para 108. See also art 14(3) of CRC and McGoldrick Human Rights and Religion: The Islamic Headscarf Debate in Europe (2006) at 27 in respect to the function of the identical provision of the ICCPR (article 18(3)). 346 119