Die Pflicht zum Schulbesuch

Abstract

The author discusses the constitutional conformity of compulsory schooling and the question of whether parents or pupils have a right to homeschooling – i.e. a right to replace school attendance with other education at home. In her opinion, Article 7 of the German constitution assumes a general obligation to attend school, which results from the regulations on religious education and freedom of private schooling, as well as from the history of the norm. The factual legitimacy of compulsory schooling lies in its democratisation and integration function. The fundamental rights of parents and children do not require the admission of homeschooling either. As fundamental rights affected by compulsory schooling, the author cites the parental right of education and, on the part of the pupils, the general freedom of action, the general right of personality and the freedom of the person. Furthermore, the author deals with the protection of fundamental rights in cases of religiously motivated homeschooling.