Several cases affecting homeschoolers in Germany have recently made their way into international blogging-news.  As a German major who spent nine years studying the language and two years living there, these cases have attracted my attention and I have done quite a bit of research to try understand what is happening there with homeschooling a little better.  For me, the topic is interesting in its own right because it is closely related to my two most passionate interests:  homeschooling and German language and culture.  I believe it is also important for the homeschooling community as a whole.  I am not an alarmist at heart and do not believe that we here in the US are in any imminent danger of losing our rights as parents to homeschool, but as this column continues, I think you will recognize that many of the same attitudes which allow for the persecution of homeschooling in Germany exist here in the United States. 

A Little Bacground

Currently, there are approximately 500 to 1000 families homeschooling in Germany, mostly for the same reasons we homeschool here.  The Philadelphia School assists approximately 150 families, all of whom homeschool for predominantly religious reasons.  Other families may choose this option for religious, academic or pedagogical reasons, much like the situation in the US.

Germany is a Constitutional federal republic, much like the United States.  The German constitution (link is in German) guarantees the parent the right to direct the upbringing of their children, but also places this right/responsibility under the authority of the state (Article 6).  Education is a right, and the entire education system is under the authority of the separate "Laender" or states (much like here) ( Article 7).This right to an education translates directly into compulsory school attendance.  Homeschooling is illegal in every state, but the states pursue homeschoolers with varying degrees of aggressiveness.  In some states, no more than a fine is possible and is not considered a criminal act.  In these states, homeschooing is basically in the same category as a traffic violation.

Some states are very aggressive and view homeschooiing as a criminal act, with possible criminal consequences, including fines, prison sentences, forced police escorts to school and loss of custody of the children.  Generally, the loss of custody is during the day time hours so that that state can force the children to school, but parents may retain actual physical custody of their children. 

The aggressiveness of the states in pursuing homeschoolers is expected to increase dramatically, now that the legal precedent is clear.  The German constitutional court in Karlsruhe refused to hear the Konrad case, siding with the state that religious objections could not be used to justify opposition to school attendance.  The state is concerned with the development of "parallel societies."

This along with seven other cases had been appealed to the European Court of Human Rights in Strassbourg.  The Konrad case's application was deemed "inadmissable" in September and the Court sided with Germany on every count.  Now, the legal options have been exhausted and the only thing left is to try to work together with communities and officials, without the benefit of a history of homeschooling to point to.

Increased hostility is already apparent in the state of Baden-Wuerttemburg, which I will discuss next time!  Feel free to ask any questions or leave your own thoughts!

For an excellent, more in-depth overview of the situation in Germany, there was a research paper written by a student at the Phillips-University at Marburg.  The document is in English and quite informative.

Dana Hanley has a degree in Education and Germanic Languages from the University of Kansas.  She studied at the Christian-Albrechts University in Kiel, Germany as an exchange student.  She currently homeschools her three children.

Related Tags: homeschooling, Germany, homeschooling in Germany, parental rights

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