Parents’ rights and duties regarding the education of their children. Case study: homeschooling from an international
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Drepturile şi îndatoririle părinţilor cu privire la educaţia copiilor lor. Studiu de caz: şcolarizarea la domiciliu din perspectivă internaţională
Parents’ rights and duties regarding the education of their children. Case study: homeschooling from an international perspective

Author(s): Ioana Nicolae, Georgeta Bianca Spîrchez
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Universul Juridic
Keywords: parental authority; right to education; homeschooling; best interests of the child; principle of proportionality;

Summary/Abstract: The present study takes place in a context of health crisis that has generated important changes in the education system, both at national and international level, leading to debates about alternatives to traditional education. Thus, in this context caused by the COVID 19 pandemic, we intend to examine a way to ensure the education of the child, which will undoubtedly continue to give rise to controversy and discussion – homeschooling, starting from questions such as: Can parents consider such an option? Does it correspond to the best interests of the child? Are adjustments needed from a legislative perspective? What is the international perspective that we can consider in relation to this subject (taking into account also landmarks from ECHR jurisprudence)? In order to answer all these questions, we will consider, in our approach, an introductory part, related to the general plan of exercising parental authority, respectively to ensuring the child’s right to education, which also involves exposing existing regulations at the national level, then point out the international perspective on this issue, including investigating the ECHR’s response in circumstances where parents have been deprived of certain rights in the exercise of parental authority, as they have not fulfilled their obligation to ensure that their children attend compulsory state education. Finally, we will refer to those specific requirements that should be implemented in the legislation so as to ensure an adequate education for children, so that such options alternative/complementary to classical sources have normative coverage.

  • Issue Year: 2021
  • Issue No: 1
  • Page Range: 374-384
  • Page Count: 11
  • Language: Romanian