Homeschooling im deutschen Recht
Eine juristische Auseinandersetzung einschließlich rechtsvergleichender Perspektiven
Verfassungsrecht in Forschung und Praxis, Band 136
Hamburg 2018, 342 Seiten
ISBN 978-3-8300-9836-2 (Print & eBook)
about this book
deutsch | english
Homeschooling is not an option in Germany. To teach children at home is simply not intended in German school routine. Motions from some parents applying for approvals of this kind of education are constantly denied. Courts everywhere in Germany decide against homeschooling of any kind.
This book examined as a doctoral thesis the legal position. Is there a legal need to deny homeschooling or is there possibly even a right to teach your own children at home. The paper refers to sociological and pedagogical writings on this topic and continues their work on a legal basis.
First it shows international law regulations which contain a right of education. But compulsory school education is usually not required.
Some regulations in European law are also shown, but neither the compulsory school education nor the right to homeschool children can be found.
Following this chapter, the author shows the German school laws of the federal states and afterwards the law concerning school or home education in the German constitution.
But as a result, the author cannot find any compelling rules for home education or the compulsory school education.
The work shows the history of the German compulsory school education and the aims of this institution. It shows also which fundamental rights under the German constitution are affected. Those are carefully balanced against the aims and reasons of the compulsory school education.
Afterwards the examples of Switzerland and Austria show, that there are other options. Both countries make teaching children at home possible.
The legal situations in these both countries are shown. Then the legal positions of all three countries are compared to find some new ways for Germany to loosen the restrictive practice towards homeschool applicants.
The author concludes with the opinion that Germany should start to see homeschooling as exceptional cases which not always need to be put down.
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