The justification of homeschooling vis-a-vis the european human rights system
The very idea of the European Convention on Human Rights is to bring the laws of contracting states into line with fundamental human rights principles. Where the Convention is not explicit, the Court should never rule restrictively so as to reduce the scope of a general right. In the case of homeschooling, the Convention sets forth the general principle that “the state shall respect the right of parents to ensure such education and teaching in conformity with their own religious and philosophical convictions.” It must not, therefore, allow a contracting state to eliminate a means of achieving this desired by parents—unless the state can show that the means in question is ineffective.
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| Author: | John Warwick Montgomery |
|---|---|
| URN: | urn:nbn:de:hebis:30:3-249437 |
| Series (Serial Number) | 25th IVR World Congress: Law, Science and Technology (085) |
| Publisher: | Goethe-Univ. |
| Place of publication: | Frankfurt am Main |
| Document Type: | Conference Proceeding |
| Language: | English |
| Year of first Publication: | 2012 |
| Publishing Institution: | Univ.-Bibliothek Frankfurt am Main |
| Tag: | ECHR; European Court; educational freedom; home education; homeschooling; human rights; parental rights |
| Institutes: | Rechtswissenschaft |
| Dewey Decimal Classification: | 340 Recht |
| Sammlungen: | Universitätspublikationen |
| Licence (German): |  Veröffentlichungsvertrag für Publikationen ohne Print on Demand |
