ERIC Number: EJ1052397
Record Type: Journal
Publication Date: 2010-Oct
Pages: 11
Abstractor: As Provided
ISBN: N/A
ISSN: ISSN-1307-9298
EISSN: N/A
School Attendance as a Civic Duty v. Home Education as a Human Right
Reimer, Franz
International Electronic Journal of Elementary Education, v3 n1 p5-15 Oct 2010
The article presents the legal situation of home education in Germany as a multi-level problem touching upon German constitutional law, State (Länder) constitutional law as well as administrative law, and the liberties of the European Convention of Human Rights. Whereas the parents' right to care for their children is explicitly granted by German Basic Law, the state's mandate to educate is seen by the courts as a conflicting principle that usually prevails and justifies compulsory schooling. Exceptions are rarely accepted. The article argues that this mainstream interpretation of the law is unconvincing and not in line with legal reasoning in German constitutional law in general.
Descriptors: Foreign Countries, Home Schooling, Constitutional Law, Compulsory Education, Civil Rights, Civil Rights Legislation, Court Litigation
International Electronic Journal of Elementary Education. T&K Akademic Rosendalsvein 45, Oslo 1166, Norway. e-mail: iejee@iejee.com; Web site: http://www.iejee.com
Publication Type: Journal Articles; Reports - Evaluative
Education Level: N/A
Audience: N/A
Language: English
Sponsor: N/A
Authoring Institution: N/A
Identifiers - Location: Germany
Grant or Contract Numbers: N/A