The right to religious and philosophical education of children is examined. The first section focuses on the historical development of law. Beginning with enlightened absolutism, the constitutional and state-church legal development is described. The current legal situation presents the constitutional and international legal foundations. The fundamental rights basis is provided by the freedom of belief, conscience, and worldview, which is complemented by the right to respect for private and family life as well as parental rights. Regarding parental rights at the level of ordinary law, the Federal Act on Religious Education of Children from 1985 and the provisions of family law in the ABGB are discussed in detail. In the final part of the work, the Hoffmann case is analyzed, which led to a condemnation of Austria.