Swiss federal court rules against home schooling

The Federal Tribunal, Switzerland’s highest court, recently ruled that parents have no constitutional right to school their children at home.

In 2017, the canton of Basel-City refused a mother’s request to home school her 8 year old son.

After a failed attempt to overturn the decision in a cantonal court the woman took her case to the Federal Tribunal arguing that the decision violated her constitutional rights, in particular her right to respect for her private and family life.

This week, the Federal Tribunal ruled that such decisions are a cantonal matter and the canton’s decision does not violate any federal law. In addition, it said there is nothing in the constitution or in any international treaty that grants parents a right to home school their children.

Home schooling policies vary by canton. Some cantons, such as Vaud, are more flexible. However even in stricter cantons, such as Basel-City, permission is granted when attending regular school is not possible.

More on this:
Court ruling (in German)

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