Wunderlich v. Germany: enforcing compulsory home-schooling

By Daniel Monk, Professor of Law, Birkbeck, University of London

On 10th January 2019, the European Court of Human Rights unanimously held that there had been no violation of Article 8 in a case concerning the withdrawal of aspects of the authority of parents and the removal of children from their home for a period of three weeks. The case did not explicitly address Germany’s policy of compulsory schooling, but, rather the legality of the measures taken to enforce the policy. Nevertheless, the arguments raised highlight why home-schooling (or Elective Home Education) is an issue that goes to the heart of current debates about shifting understandings of parental responsibilities and the underlying potential tensions between the civil/political and the social/welfare functions of education. Continue reading