Tribunal findings | Home Education Foundation

From Radio NZ

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/

Home Education Foundation

Serving, promoting, defending and publishing for Christian and secular home educators in NZ and overseas.

Category Archives: Tribunal findings

Home Educating German family fail in asylum bid

German homeschooling family fail in asylum bid

Human rights

(3) Parents have a prior right to choose the kind of education that shall be given to their children.