German homeschooling family fail in asylum bid
A German family who came to New Zealand to avoid prosecution for homeschooling their children have failed in their bid for refugee status.
Gerno and Andrea Schöneich claimed that the teaching of their four children about Darwinism, neo-Marxist critical theory and sex education in school was in conflict with their Christian beliefs.
The children have been homeschooled since arriving in New Zealand in 2008 and since applying for asylum Mr Schöneich has gained a work visa to teach at a Christian school.
The Immigration and Protection Tribunal said there is no international right to homeschooling and the family was not being persecuted.
It said education includes the elimination of ignorance and the improvement of access to scientific and technical knowledge.
The tribunal said there is no international right to homeschooling and the prosecution the family faced for keeping their children away from school did not amount to persecution.
Read more here…
Human rights
This is still up on the Human Rights website but I am not sure that this is law in New Zealand at the moment.*
Human Rights in New Zealand Today: Chapter 15: The right to education
(3) Parents have a prior right to choose the kind of education that shall be given to their children.
- Home schooling is possible for those who prefer it, on the condition that the standard of education is similar to that available in a registered school.
*It seems that NZ never adopted the Universal Declaration of Human Rights, but instead passed its own law, the Human Rights Act 1993, which does not create a ‘human right’ to homeschool. )
Here is the International Standards on the United Nations Human Rights page
From the Immigration and Protection Tribunal:
The Immigration and Protection Tribunal said there is no international right to homeschooling and the family was not being persecuted.
It said education includes the elimination of ignorance and the improvement of access to scientific and technical knowledge.
Yes, but “Education” does not have to happen in New Zealand Schools, but “attending school” does:
http://legislation.knowledge-basket.co.nz/gpacts/public/text/1989/se/080se20.html
PART III ENROLMENT AND ATTENDANCE OF STUDENTS 20. New Zealand citizens and residents between 6 and 15 to go to school--- (1) Except as provided in this Act, every person who is not a foreign student is required to be enrolled at a registered school at all times during the period beginning on the person's 6th birthday and ending on the person's 15th birthday. (2) Before a child's 7th birthday, the child is not required to be enrolled at any school more than 3 kilometres walking distance from the child's residence.
Home Education law in New Zealand
UPDATE:
Earlier Story:
https://hef.org.nz/2010/hslda-german-family-to-apply-for-political-asylum-in-new-zealand/
Related links:
German parents lose custody of their children for homeschooling
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From the Smiths:
https://hef.org.nz/2011/craig-smith-26-january-1951-to-30-september-2011/
Updated 5 October 2012: One year on (Craig Smith’s Health) page 7 click here
Needing help for your home schooling journey:
https://hef.org.nz/2011/needing-help-for-your-home-schooling-journey-2/
And
Here are a couple of links to get you started home schooling:
https://hef.org.nz/getting-started-2/
and
https://hef.org.nz/exemptions/
This link is motivational:
https://hef.org.nz/2012/home-schooling-what-is-it-all-about/
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Social Security (Benefit Categories and Work Focus) Amendment Bill
https://hef.org.nz/2012/make-a-submission-reject-compulsory-early-education-for-3-year-olds/
I would be very careful about relying at all on U.N. treaties, or pointing to the U.N. as any kind of justification or support for ‘our’ stance, even obliquely. If we rely on “The Universal Declaration of Human Rights”, it is taking up a sword that we will die by. I realize that N.Z. is not a party to this declaration, but to cast the declaration as better than the law that N.Z. has is dangerous. Both laws rely on fickle men.
Rob, I agree with you. I was mentioning these laws as the Tribunal was saying that there are no International laws about home schooling.
You are right we don’t want to be fighting for our freedoms based on International or New Zealand law.
God has commanded us to train and nurture our children.