Giel aka Lobsang Nyima
The story of Giel
On 16 November 2013, Giel (a 15 year old Belgian boy) finally
arrived in a Buddhist monastery in Shimla, in the North of India. His new name
is Lobsang Nyima. Since he was 6, he wanted to become a Buddhist monk. The training takes 15 years.
The Juvenile Court of Ghent decided that Giel was
allowed to start his Buddhist training, but the Court of Appeal of Ghent forbade
Giel to leave Belgium. An investigation about the exact state and circumstances in which the minor lived, was required in order to make a right decision. One crucial
topic of the appeal court's investigation was the topic ‘education’. Did Giel receive good
education until today and is there a sufficient guarantee that he will receive
good education in India?
Education in accordance with convictions
First of all, the principle of compulsory education is
only applicable to children, because it is in the best interest of the child
that children are not entitled to be denied education.
However, in Belgium there is no compulsory attendance at school, just
obligatory education. Giel's mother chose for home schooling, which is
completely lawful.
In her program she gave special attention to Buddhism.
Article 5(b) of the Convention against Discrimination in Education provides
that ‘no person or group of persons
should be compelled to receive religious instructions inconsistent with his or
their conviction’. Article 24 of the Belgian constitution says that
education is free. That’s the reason why there are catholic, Jewish or Steiner
schools. Because there is a lack of Buddhist schools, the requesting party has
to choose for private education or has to go abroad. The mom of Giel chose the
first option, but now Giel himself wants to dive into the real Buddhist life.
The quality of the education was a main factor for
deciding whether the 15 year old boy is competent to make such a radical
decision or not. It is obvious that the Court decided also to check out the level
of education in the Jonang Takten Phuntsok Choelink-monastery in India. There
is no reason for concern if the monastery supplies Giel with a good social
environment and a open and reflective education helping him to realize his full
potential. Another crucial point is the fact that Giel can leave the monastery whenever
he wants to start another study. Hence, there is no difference with children
following arduous ballet programs in Russia or children who are going to a cooking
school.
In my point of view it’s necessary that a team of
psychologists and youth workers are enabled to give their professional opinion.
Giel is only 15 years old and the decision to leave for 15 years to follow such
a specific education is a compelling decision and should not be made without proper reflection. It’s important that Giel can use his right to be educated in accordance
with his conviction, but every state needs to create a framework in order to
make sure that the rights of the child are respected but also that the child’s
choice is the best for himself.
One problem with the right to eduction is that the right of parents' to choose the child's education is very prominent in the international law provisions. This is true of Article 2 first protocol of the ECHR but also in Article 5 CRC (read in combination with Article 28 CRC. Lore says: how can we be sure that Giel really knows what is good for him? This is in my view a risky argument, as it can easily be used to undermine children's rights in practically all situations. Why should children be protected in this way - as Lore suggests - against a wrong decision?
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