ERIC Number: EJ1110150
Record Type: Journal
Publication Date: 2016
Abstractor: As Provided
The Human Right of Home Education
Donnelly, Michael P.
Journal of School Choice, v10 n3 p283-296 2016
Homeschooling is legal and growing in many countries but is virtually forbidden by law in Germany and a few others. The European Court of Human Rights (ECtHR) has reviewed and upheld this ban. Is home education a human right? How do these courts employ their jurisprudence of proportionality to find banning home education does not violate relevant constitutional or human rights norms? Why does Germany forbid home education? Why does the ECtHR uphold Germany's position? What does this divergence imply about the right of home education and the jurisprudence of these courts? If the promise of human rights is individual liberty then a system that justifies or endorses state control of education for the purpose of cultural conformity can be said to be far too statist for a free and democratic society. In this article, I argue that both the German Constitutional Court (FCC) and the ECtHR have adopted an approach to education rights that is profoundly mistaken. I conclude that home education is a right of parents and children that must be protected by every state. Nations that respect and protect the right of parents and children to home educate demonstrate a commitment to respecting human rights; nations that do not, such as Germany and Sweden need to take steps to correct their failure to protect this important human right.
Descriptors: Foreign Countries, Home Schooling, Civil Rights, Court Litigation, Government Role, Politics of Education, Educational Policy, Public Policy, Cultural Differences, Democracy, Parent Rights, Childrens Rights
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Publication Type: Journal Articles; Reports - Evaluative
Education Level: N/A
Authoring Institution: N/A
Identifiers - Location: Germany; Sweden
Grant or Contract Numbers: N/A