Andreas Vogt

Not Going to School as a Child Welfare Risk?

Homeschooling in the Case Law of the Federal Constitutional Court and the Family Courts


freier Download


Based on the status quo of compulsory school attendance in Germany, the article gives an overview of case law of the Federal Constitutional Court and the family courts on homeschooling. It turns out that the view that homeschooling implies a risk to the best interests of the child and justifies encroachments on parental rights is not in line with parental law (Art. 6, Par. 2, S. 1 of the Basic Law). Rather, the circumstances of the individual case, which the family court must carefully determine, are decisive.

Federal Constitutional Court, parental rights, parental custody, family court, homeschooling, child endangerment, compulsory school attendance