Brazil court denies mother’s right to educate her child at home

The Court of Justice of Santa Catarina (Brazil) denied the request of Regiane Cichelero to educate his son at home. In its ruling of September 2, the court maintained the previous decision that determines the child’s registration in a regular school, in addition to the payment of three minimum wages and a fine of one hundred thousand reais (more than 18,000 US dollars).

In 2020, with the closure of the Santa Catarina public schools for fear of the Covid-19 Pandemia, Cichelero decided to teach his son at home. After the reopening of schools in March 2021, the lawyer decided to continue teaching her at home, for believing that she guaranteed a quality education and adjusted to the religious convictions of the family.

At that time, the school did an “active search” of Regiane’s son. The guardianship council went to the lawyer’s house and warned about the mandatory school registration, according to the Statute of Children and Adolescents (ECA). After notification of the Tutelar Council, the case was sent to the Public Ministry of Santa Catarina.

At the beginning, the judge of the case threatened to withdraw the custody of Regiane’s son if he continued to teach him at home. Then, the Justice of Santa Catarina determined that it should pay a fine of between three and twenty minimum wages, in addition to an additional daily fine of 1,000 reais (around 184 dollars) if your child was not enrolled in the school.

Defense

In his social networks, Cichele said that he will resort to the Supreme Federal Court of Brazil and, if necessary, to the Inter -American Court of Human Rights to continue with home education, known as homeschooling.

The magistrates judged the case without “observing the legality,” he said. “Ignoring international human rights treaties, ignoring the constitutionality of home education. They were based solely on personal opinions.”

Alliance Defending Freedom (ADF), Organization of Legal Defense of Religious Freedom, coordinates Cichelero’s defense since 2023, understanding that their rights are being violated and that “parents have a priority of law in the election of the type of education that their children will receive.”

“This decision represents a disappointing setback for parental rights in Brazil,” said Julio Pohl, legal advisor for Latin America of ADF International, which coordinated Cichelero’s defense. “International Human Rights Law is clear: parents have the right to choose the type of education their children receive. Deciding that Regiane cannot educate their child at home, the court not only failed with their family, but also undermined the protections of all parents throughout Brazil.”

Article 26.3 of the Universal Declaration of Human Rights He says that “parents will have the preferential right to choose the type of education to be given to their children.” Article 13 of the International Pact of Economic, Social and Cultural Rights It also establishes that states must respect the right of parents to “choose for their children or pupils schools different from those created by public authorities, provided that they satisfy the minimum norms that the State prescribes or approves in education, and to make their children or pupils receive religious or moral education that is in accordance with their own convictions”.

In Brazil, the bill PL 1338/2022which regulates the practice of homeschooling In the country, it was approved in the Chamber of Deputies in 2022, but still awaits the vote in the Senate.

According to the National Association of Home Education (ANED), currently around 75 thousand Brazilian families chose to practice homeschooling. These are about 150 thousand students who receive education at home in the country.

Translated and adapted by the ACI Press team. Originally published in ACI Digital.