25th IVR World Congress: Law, Science and Technology
25th IVR World Congress Law and technology Frankfurt am Main 15–20 August 2011 Paper Series
- educational freedom (1) (remove)
- The justification of homeschooling vis-a-vis the european human rights system (2012)
- 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.