HSLDA: German Family to Apply for Political Asylum in New Zealand

German Family to Apply for Political Asylum in New Zealand


HOME SCHOOLING / INTERNATIONAL New Zealand
New Zealand

In 2008, Gerno and Andrea Schöneich, along with their four children, fled their native country of Germany to New Zealand where they hoped they would be free to live and educate their children in peace. As German homeschool parents, they faced threats from authorities, hefty fines, and even jail time. German authorities continue to show such extreme prejudice toward homeschoolers that families continue to leave their homeland rather than give up homeschooling.

Unable to obtain work permits in New Zealand, and unable to return to Germany because of the very real fear that their younger children could be removed from their custody, the Schöneichs decided to apply for political asylum in New Zealand. In mid-November the family received invitations to present their claim for refugee status before New Zealand officials. The family is representing themselves in the arduous asylum process.

“Free, Liberal, Democratic Country”

Over three long days, immigration officers interviewed or, as the Schöneichs felt, “interrogated” them. These refugee officials were skeptical and did not seem to view homeschooling favorably. They even expressed doubt about documented instances of persecution of homeschoolers.

According to Mr. Schöneich, “One officer stated that Germany is a free, liberal, democratic county and [persecution of homeschoolers] would obviously not happen. Further, he did not believe that it actually happens in Germany.” The officers cited previous cases on homeschooling from the European Court of Human Rights (ECHR), including the infamous Konrad decision where the court dismissed the case of homeschoolers who were fined for not sending their children to school. Schöneich told HSLDA that that the New Zealand immigration officers showed “no understanding or sympathy” for his family’s plight. It was only the extensive evidence from the German Romeike family’s political asylum victory in the United States that seemed to keep the officials interested.

“Whatever the Consequences”

In three weeks the immigration officer will compile his reports and send them to the family. Due to the Christmas holidays and New Zealand’s summer recess, the Schöneichs expect to wait until mid-January until their asylum application is processed in full. If the government declines to grant the family refugee status, they will have to appeal the decision…

Read more here at the HSLDA website:

http://www.hslda.org/hs/international/NewZealand/201012080.asp


Christer Johansson has less rights than thieves, rapists and murderers

Christer Johansson has less rights than

thieves, rapists and murderers

Domenic and Dad, a close, loving relationship.

On Monday, November 22, 2010, a distraught Christer Johansson left a social services state supervised visit, taking his only child, Domenic, with him. Johansson did not have permission to take his son home, but did so in response to 18 months of pleas by Domenic to be allowed to go home to the family he loves and misses. After calling authorities on Wednesday, November 24th to turn himself in, Johansson now sits in a Visby, Sweden jail cell. All of the citizens of the Swedish island of Gotland have been breathing a sigh of relief ever since Johasson’s incarceration. And rightly so! The lives of Gotland’s citizens are much safer now that this loving, caring, gentle and sensitive father and husband is safely locked behind bars.

Today, December 20, 2010, Christer Johansson was brought before a Swedish judge to face trial for his crimes against Sweden. While we do not yet know the outcome of this “trial” what we do know in leading up to today’s legal circus is that Christer Johansson has less rights than Swedish thieves, rapists and murderers.

Since November 24th, the behind-the-scenes legal battle has focused on securing the best possible defense for Johansson, who has requested representation by Trygve Emstedt, Gävle, a lawyer with 30 years experience specializing in human rights. Incorporated into Sweden’s constitution in January 1995, the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR), under Article 6, guarantees every Swedish citizen the right to choose their own representative and the right to a fair trial as provided within the foundation of a legally secure process.

Father and son, a strong, loving bond.

In direct defiance of Swedish and European Union laws, Gotland City Courts have refused Johansson’s guaranteed rights by rejecting his appeal for of a defense by Emstedt and has instead continues to maintain Shantu Brahmbhatt as his public defender.  Apparently, everyone in Sweden enjoys the guarantee of ECHR Article 6 except Christer Johansson.

There two very good reasons why Johansson has rejected Brahmbhatt as his counsel. First, having only recently been accepted to the bar in June 2010, Brahmbhatt has only negligible and even questionable experience before the court. Naturally, Johnasson desires, and is guaranteed, to exercise his right to obtain the best defense available while he defends his right to liberty.

Secondly, Johansson is only too aware of Brahmbhatt’s inept legal counsel, for it is Brahmbhatt who was appointed by Gotland City Courts to defend Annie Johansson’s rights as Domenic’s mother. All who have been following the Johansson case since 2009 realize Brahmbhatt, as Annie Johansson’s defender, has done little more than appear before Gotland’s courts and has simply followed the edicts of Gotland Social Services. To date, Brahmabhatt has never forged an independent defense of Annie Johansson’s rights, therefore it is not to be expected that she would forge an independent defense of Christer Johansson before the Gotland bench today. Earlier this year, Annie Johansson appealed to the courts to have Brahmabhatt removed as her public defender. Her appeal was met with a thumbing by the Swedish courts, as well.

In addition to fact that Article 6 of the ECHR, ratified in Sweden’s constitution, guarantees Christer Johansson the choice of legal representation, the aforementioned reasons should have been enough for Gotland City Courts to grant Johansson new legal counsel. However, as we’ve witnessed since June 25, 2009, when armed police swarmed an India bound jet just before it taxied the runway at Sweden’s Stockholm-Arlanda Airport removing then 7 year-old Domenic without a warrant and without ever charging Christer and Annie Johansson with a crime, Sweden’s courts, especially those on Gotland Island, seem to operate under their own laws of justice, ignoring the rights of this family under Sweden’s constitution and the ECHR.

Below is translated text from a story out of Sweden regarding Christer’s trail today


Dad on trial for kidnapping
I only wanted to see my son. That’s how the man in his 40’s explained it who was today on trial for illegally having abducted his son placed into foster care.

It was last November, when the man was meant to have had a supervised meeting with his son, that he pulled his son into his car and drove away. For a couple of days he kept his son with him before the police could arrest him.

Today the main proceedings took place at Gotland district court. The prosecution against the man was charged as kidnapping, or possibly illegal deprivation of liberty.

The man explained his actions with having to see his son, but he doesn’t feel he’s committed any crime.

The court considers it proven that he’s committed the acts he’s been indicted for, but before a sentence and sanction is delivered, he’s to go through a major investigation by forensic psychiatry.

Hence the main proceedings won’t end for another four weeks. Until then the man remains in jail.

********************
In another news account from Sweden, we’ve learned that Domenic gave a video testimony regarding the time he spent with his father and family after Christer took him home for a few days. According to the news account, Domenic told the court that when his father took him, he was scared at first but then he thought it was really great to be with his father and other relatives. He described his time away from state care as an adventure and had nothing negative to say about the experience.

This story can be found here:
http://sverigesradio.se/sida/artikel.aspx?programid=94&artikel=4250998

For more information go to:  http://friendsofdomenic.blogspot.com

International Homeschoolers in Trouble!

International Homeschoolers in Trouble!


We have created a powerful video testimonial to help you experience the lives of persecuted homeschoolers. Watch now >>

Dear Friend of Homeschooling,

Persecuted homeschoolers from countries all over the world need our help to achieve a freedom that many of us take for granted—the right to teach our children at home!

Will you help?

In countries like Germany, Sweden, Botswana and Brazil, parents are being threatened with huge fines, jail time, and the loss of their children. Many have fled to other countries to keep their families intact and continue homeschooling.

We have created a powerful video testimonial to help you experience their lives. Will you share a few minutes with our fellow homeschoolers from around the world to learn more about their plight?

Please pray for them. And please forward this testimony to your family and friends and link to the video on your Facebook wall or other social network—we need to get this important message to as many people as possible.

Will you also consider making a gift? We know that times are tough with the current economy. But if you are able, would you consider a tax deductible gift of any amount to the Home School Foundation’s International Fund? A donation of $25, $35, $50, even $500 or $1,000 would allow us to continue our work in advancing the cause of homeschooling worldwide.

When we help homeschoolers abroad, we are also helping defend our own freedom from the dangerous threat of international law and treaties like the United Nations Convention on the Rights of the Child.

Thank you for taking the time to watch these families’ stories in the midst of this busy holiday season. May you and your family have a blessed Christmas and joyous New Year!

With my humble and heartfelt appreciation,

J. Michael Smith
President

Spain: Home schooling is not legal, rules Constitutional Court

Home schooling is not legal rules constitutional court in Spain

A trial case by two couples who homeschooled their children against the wishes of local social services has failed after the Constitutional Tribunal ruled that homeschooling is not a right under Spanish law, and that children must go through a formal educational system.

The Constitutional Tribunal (TC) has stated that the Constitution allows the legislature to set up a system of compulsory basic education and does not recognize the right of parents to educate their children in their own homes.

In a sentence that has just been published, the Constitutional Court dismissed the writ filed by two couples who homeschool their children, but who had been pressured by the local social services to send their children to school.

Under the Law on Legal Protection of Minors, the Prosecutor requested the Court to order the immediate enrollment of the children in their local schools. The parents argued that “the Constitution does not order the compulsory schooling in the State system” and stressed that their children received an education more appropriate than that given in “public or private classrooms of 30 or 40 students.” Their children spoke five languages, knew music and were taught math, science and language, and ethics education.

The parents claims were however rejected in all instances. The Court of Coin (Malaga) answered the prosecutor’s request and ordered the minors to school. The Judge argued that the Spanish Constitution “does not allow parents to deny children the right and obligation to participate in the formal education system.”

The court added that the exclusion from the formal system can generate in minors “serious problems in their future development” both in academia (in reference to the difficulties of access to university) and in the social and integration with other children their age.

That ruling was upheld by the Provincial Court of Malaga. The Constitutional Court has now rejected the claim for protection of their parents.

The ruling states that “the right of parents to choose for their children an education outside the compulsory education system for reasons of pedagogy does not fall within any recognized constitutional freedoms.”

It also indicates that the Constitution does not prohibit the legislature setting up a system of compulsory basic education “as a period of enrollment period” during which “excluded is the possibility” of teaching their children in their own home instead of proceeding to school.

However, it notes that the option of compulsory schooling is not required by the Constitution, but is a legislative choice that the Constitution does not prohibit, and therefore “it cannot rule out other legislative options to incorporate some flexibility into the education system and, in particular, basic education. ”

From:  http://thereader.es/en/spain-news-stories/5514-home-schooling-is-not-legal-rules-constitutional-court.html

URGENT ACTION: Johansson in Sweden

We have just received a comment from:  http://friendsofdomenic.blogspot.com/

“It’s NOT TOO LATE to send letters and postcards via regular post. The judge will not render a decision on the 20th. Instead, he just hears the case. Email now, send a letter by regular post NOW, too!

Thank you for caring about this innocent family!”

So please send letters/postcards and emails. We have just sent two letters from our home in Palmerston North, New Zealand as well as emails.

It costs $2.40 to send a letter to Sweden from New Zealand.

If you have not sent a letter and/or email then please do so TODAY.

For more information:  http://friendsofdomenic.blogspot.com/

or  https://hef.org.nz/2010/immediate-action-needed-for-christer-johansson-domenics-father/