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When Did Germany Ban Homeschooling

With a population of about 83 million people and the highest net salary in Europe, Germany is one of the strongest European economies. Yet, its education system has been a topic of intense debate over the last few decades—especially when it comes to homeschooling. So, when did Germany ban homeschooling in its educational institutions and what have been the effects of this ban across the country?

1. History of Homeschooling in Germany

Homeschooling in Germany has been around since at least the 1950s. The first recorded cases of homeschooling in Germany were in Hamburg in 1956, when the parents of a 7-year-old girl and her 6-year-old brother decided to homeschool them. This led to the first court case in Germany related to homeschooling, in 197

Subsequently, the small, but growing homeschooling movement gained popularity and inspired many parents to take similar steps.

2. Why Did Germany Ban Homeschooling?

Since the late 1970s, the unified Germany has had strict policies in place when it comes to education. To make sure that all children get an equivalent start in life having access to the same information and knowledge, the government has mandated that parents have to send their children to the local public school.

The reasoning behind the ban was that homeschooling does not provide adequate socialization for the pupils, which can lead to further complications later in life. The German government adopted the 1989 School Attendance Law, followed by the 1990 Basic Law for the Federal Republic of Germany’s reunification. It made school attendance mandatory for all children aged 6-1

By 2006, homeschooling had been forbidden in Germany de facto. This was further reinforced by the 2006 German Court of Justice decision, which declared homeschooling to be in violation of the law, and punishable by fines and even criminal prosecution.

3. Effects of Germany’s Ban on Homeschooling

The most obvious consequence of Germany’s ban on homeschooling is that it deprives parents of the freedom to educate their children in their homes. Additionally, it has led to overcrowding in the German schools since homeschoolers now have no other option but to attend classes in public schools. The ban on homeschooling has also put an end to a long tradition of families teaching their children at home in Germany.

This has had an adverse effect on some families who prefer being able to teach their children in their own homes. Finally, the ban on homeschooling has had a significant economic effect on families that were relying on the income they earned by homeschooling their children.

This is especially detrimental to lower-income families who are not able to afford full-time private schooling.

4. What Does “Exceptionally Permitting” Mean?

The 2006 German Court of Justice decision provided an exception for homeschooling in certain circumstances. According to the court, homeschooling can be “exceptionally permitted” if the parents present a “compelling” reason for why their child should not attend school. Such compelling reasons could include, for example, the child being subject to bullying or a lack of educational opportunities in the local school.

However, even if the parents can present a compelling reason, the court can still decline the request for permission. The court will also assess the quality of the homeschooling program presented by the parents and decide whether or not it is adequate for the child’s age and level of development.

If the program is found to be inadequate, the request will be declined.

5. How Difficult is it to Obtain Permission for Homeschooling?

It can be extremely difficult for German parents to get permission for homeschooling. The 2006 court ruling gave the authorities full power to decide whether or not homeschooling is allowed and set a high bar for parents to meet in order to be granted permission. In addition to the court ruling, the German government has also put up other bureaucratic hurdles to make it difficult for parents to get permission for homeschooling.

For example, parents have to submit an application to the local school authority, who then can send an inspector to inspect parents’ homes for, amongst other things, safety standards. This is often a stressful experience for parents and can be seen as an attempt by the authorities to deter them from attempting to homeschool their children.

6. What is the Current Situation?

Despite the 2006 court ruling that effectively made homeschooling illegal in Germany, the issue remains a contentious one. The ruling has been challenged in court many times by parents and groups campaigning for the freedom to homeschool, but the ruling has stood firmly.

However, there is still a small, but growing, movement in Germany of homeschoolers and parents attempting to get permission for homeschooling. Yet, it remains to be seen whether the authorities will be open to more flexibility in the future, as the courts have remained steadfast in their view that homeschooling should remain illegal in Germany.

7. International Criticism of Germany’s Ban on Homeschooling?

Germany’s ban on homeschooling has sparked criticism from international bodies and organizations. The United Nations Human Rights Committee has said that the ban “violates Article 18 of the International Covenant on Civil and Political Rights,” which provides for the right to freedom of thought, conscience, and religion.

The EU Court of Human Rights has also criticized the German ban, stating that it violates Article 9 of the European Convention of Human Rights which guarantees the freedom of religion and conscience. The court ruled that the ban was too broad and that it denies parents the right to choose an education for their children.

8. How Have German Homeschoolers Responded?

Despite the 2006 court ruling, German homeschoolers have taken action to try and challenge the decision. One such group is the Initiative für das Grundgesetz (Initiative for the Basic Law), which has provided pro-bono legal assistance to families and homeschoolers facing disciplinary proceedings due to homeschooling. The group has also taken steps to influence the political discourse on homeschooling.

In recent years, it has held numerous protests, conferences, and organized campaigns in support of homeschooling. It is also lobbying the government to adopt a more flexible stance on homeschooling, so far without tangible results.

9. Can Homeschoolers Attend Private Schools in Germany?

Although homeschooling is banned in Germany, parents can still send their children to private schools. Private schools are schools that are not government-funded but are instead funded by fees paid by parents or donations from individuals or organizations.

These schools are usually substantially more expensive than public schools and may not be an option for all families. Furthermore, many private school authorities may not be as welcoming to homeschoolers as they might be to pupils with a traditional school background.

10. Do Germans Support the Ban?

According to a study conducted in 2018, 57% of respondents in Germany supported the ban on homeschooling. This is likely due to the fact that homeschoolers are seen as a miniature minority within the German population and that many Germans may have a different view on education than homeschoolers.

What is clear is that Germany remains an outlier in Europe when it comes to homeschooling. A survey conducted in 2014 found that more than 25,000 children across Europe were homeschooled, with Germany accounting for less than 0. 5% of those children.

11. Are there Other Countries with Bans on Homeschooling?

In addition to Germany, there are several other countries in the world that either restrict or ban homeschooling. Most notably, Sweden has implemented a de facto ban on homeschooling since 2010, when it introduced the Swedish Education Act, which makes homeschooling “difficult if not impossible” according to the EU Court of Human Rights ruling.

Other countries that, to varying degrees, restrict homeschooling rights include Austria, Norway, Finland, and France. Of these, France has the most restrictive policy, banning homeschooling altogether and requiring the state to approve any educational program outside of school.

12. How do Other Countries’ Education Systems Compare?

In comparison to other countries, Germany’s ban on homeschooling is on the more restrictive side. Countries such as the United Kingdom, the United States, and Canada are more receptive to homeschooling, although there may still be bureaucratic hurdles in place to getting permission.

Overall, the freedom to homeschool varies widely across different countries and regions. In some places, it is seen as a legitimate alternative and parents can easily get permission to homeschool their children. In other places, the laws are more restrictive and homeschooling can even be banned altogether.

13. Conclusion

Since the 2006 court ruling, homeschooling has been (largely) illegal in Germany and parents have been unable to exercise the freedom to educate their children in their own homes. This ban has had a number of negative effects on German families, from overcrowding in schools to putting an end to a longstanding tradition of homeschooling.

Although the ban has been criticized by international organizations and German homeschoolers, so far the law remains unchanged. As of now, Germany is one of the few European countries that has a de facto ban on homeschooling.

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