Approaches of the ECtHR and the US Supreme Court to the Conflict Between “The Best Interests of the Child and Parents’ Rights” on Home Education (Homeschooling)
Peri Uran Murphy
Trinity College Dublin’s School of Law , Irelandhttps://orcid.org/0000-0002-8039-3814
Abstract
Home education (homeschooling), a practice that has been increasingly popular especially since the Covid-19 pandemic, has recently begun to be discussed again in the academic circles (environment). The main questions revolve around whether homeschooling is an alternative to mainstream school education; whether home education serves the child’s interests better than conventional school education; whether parents’ right to determine the education of their children can be interfered with by the state and what role the state plays in balancing parents’ rights and the children’s best interests regarding home education. This paper outlines the concept of home education and its criticism in general, and then evaluates the question of balancing parents’ rights and the best interests of the child in homeschooling, by taking into account the international instruments that protect the rights of parents and children. In this context, the Convention on the Rights of the Child, as an international human rights treaty that fully recognizes and ensures the rights of children will be looked at in terms of the best interest of the child. The European Court of Human Rights and the US Supreme Court have different approaches to home education practice. In the rest of this paper, home education case law will be analyzed from a comparative perspective. This will be done with reference to the landmark decisions of the European Court of Human Rights and the US Supreme Court in order to understand these two judicial authorities’ approaches to the conflict between the best interests of the child and parents’ rights on homeschooling. In conclusion, evaluations will be provided in line with the jurisprudence of both Courts on cases regarding home education.
Keywords:
home education (homeschooling), parents’ rights, the best interest of the child, ECtHR, US Federal Supreme CourtReferences
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Trinity College Dublin’s School of Law https://orcid.org/0000-0002-8039-3814
