Family education in a comparative legal perspective

Sayana Balkhaeva ,Фатима Цомартова ,Andrey Evgenievich Pomazansky

doi:10.1051/shsconf/202112103012

Abstract

Due to its specific character, family education is not the main direction of development for either foreign or domestic educational systems. However, the transition from the educational paradigm of an industrial society to the educational paradigm of a post-industrial society leads to an inevitable change in the goals of education and upbringing, their motives, forms, methods, etc. In modern society, family education makes it possible to provide qualitatively new opportunities for the socialization of the individual, due to the receipt of individualized, free education that ensures a person’s self-realization. In addition, family education may be preferable to other forms of education in the context of the exponential growth of information and communication technologies, which made it possible to predict its development in the future. Alternative forms of education, including elements of distance and family education were in great demand in connection with the COVID-19 coronavirus infection pandemic. All the above actualizes the problems of family education, including the issues of its legal regulation. The research aims to study the experience of legal regulation of obtaining family education in foreign countries with the aim of its reception in Russian legislation. To achieve this goal, the article considered several areas that are of fundamental importance for the normal functioning of the family education such as the implementation of the parents’ right to choose the form of education, the control over the quality of education received, setting the requirements for compliance with established educational programs and standards, financial support and other material participation of the state in providing education received in the family form, as well as sanctions for violation of the norms of educational legislation on family education. The article concludes that family education is not a fundamental right, but qualifies as an acceptable form of education. The organization of family education in different countries proceeds from the balance of interests of the child, the parents, and the society as the main principle of the legal regulation of family education.

Highlights

The legal status of family education in the context of international legal regulation is ambiguous
Opponents of family education interpret the norms of the same Convention on the Rights of the Child in exactly the opposite way: Art. 29 restricts the right of parents and others to education in the family since it requires that all education be aimed at fostering respect for human rights and fundamental freedoms, as well as the principles proclaimed in the Charter of the United Nations and a list of other specific values and ideals [3]
The legal position of the European Court of Human Rights regarding family education was formulated while considering the possibility of its legislative prohibition through the prism of the right to education, enshrined in Art. 2 of Protocol No 1 to the Convention for the Protection of Human Rights and Fundamental Freedoms [4]

Summary

Introduction

The legal status of family education in the context of international legal regulation is ambiguous. The applicants in the case are parents belonging to the Christian community who consider it unacceptable for their children to receive an education in public and private schools in Germany because they provide sex education, study fairy tales, and the level of physical and mental violence among students increases. In this regard, they educate their children at home. Compulsory education regulations in Germany are regarded as the most restrictive in Europe [5]

Methods

Results

Conclusion