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Response from German Embassy 2007 |
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it is the constitutional right and duty of the German government and the legitimate interest of the public to encounter the rise of parallel societies that are based on religion or motivated by different world views and in integrating minorities into the population as a whole. Compulsory school attendance has been seen as the correct way of accomplishing the education duty, this includes also social conduct.it is the constitutional right and duty of the German government and the legitimate interest of the public to encounter the rise of parallel societies that are based on religion or motivated by different world views and in integrating minorities into the population as a whole. Compulsory school attendance has been seen as the correct way of accomplishing the education duty, this includes also social conduct.
Dear Ladies and Gentleman
I am replying to your e- mail concerning mandatory school attendance in
Germany. In addition to what has been explained to you on previous
occasions, I would like to provide you with additional information and
trust this will answer your question.
According to the German constitution Article 7 (the Basic Law of the
Federal Republic of Germany) the entire school system is placed under
the supervision of the Government and ensures that the Government makes
education available to every citizen. Like Dr. Bodo Schaff mentioned
Home schooling may be equally effective in terms of test scores. It is
important to keep in mind, however, that school teaches not only
knowledge but also social conduct. Daily contact with other students
from all walks of life promotes tolerance, encourages dialogue among
people of different beliefs and cultures, and helps students to become
responsible citizens.
As a matter of fact home schooling is not totally forbidden as there are
certain exceptions for pupils with certain kinds of disabilities and for
children who have to take a longer sick leave or are living in areas
where a regular school can’t be provided.
The educational level of public schools in Germany is high and in nearly
all parts of the country schools are located in a reasonable distance.
The Constitutional Court of Germany upheld these laws in several cases (
latest at 20.7.2006), when action has been taken against home schooling
parents, and pointed out that it is the constitutional right and duty of
the German government and the legitimate interest of the public to
encounter the rise of parallel societies that are based on religion or
motivated by different world views and in integrating minorities into
the population as a whole. Compulsory school attendance has been seen as
the correct way of accomplishing the education duty, this includes also
social conduct. The restriction of the personal freedom of the parents
is reasonable because the influence they have beside school is seen, by
the Court, as adequate.
With regard to your question of what South African home schooling
parents should consider if they visit Germany for a longer period, these
parents should bare in mind that attending school is mandatory in
Germany besides the exceptions I mentioned before. It is a principle of
International Law that any person visiting the jurisdiction of a country
is subject to the laws of this land. The same applies offcours for
Germans travelling or moving to South Africa.
I hope this explanation is helpful to you in better understanding the
German system of mandatory school attendance. In effect, different
regulations of the issue of public and private schools, and of home
schooling, coexist in the world and vary in the social and historic
context. They from part of the sovereign rights of the peoples and
nations to establish laws in this field.
As long as neither the national Constitutional Court, nor the European
Court of Justice nor the European Court of Human Rights has ruled that
these laws constitute a violation of (fundamental) rights, these laws
are to be respected as much as any other law. These my not be welcomed
by all but result from the principle of democracy.
In addition I give you the contact address of the German Department of
Education:
Bundesministerium für Bildung und Forschung
Dienstsitz Bonn
Heinemannstr. 2
53175 Bonn
Telefonnummer: 0228/9957-0
Faxnummer: 0228/9957- 83601
Sincerely yours,
Andreas Haack
Counsellor
Head of Cultural Affairs
Embassy of the Federal Republic of Germany
180 Blackwood Street, Arcadia 0083
P.O. Box 2023, Pretoria 0001
South Africa
Tel: +27-12-4278906
Fax: +27-12-3433606
E-mail:
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Correspondence 
