Freedom of education

Freedom of education

Freedom of education"' incorporates the right of any person to manage their own education, start a school, or to have access to the education of their choice without any constraints.In some countries enrollment in a public or government managed school system is compulsory and young people are threatened and intimidated by police if they don't meet the state criteria of attendance. In principle, anyone or any community can start a school, freedom of education is meant to eliminate any monopoly on education. Alternative schools typically do not enforce compulsory education, but the freedom of families to make their own choices, as to whether or not to send their children to school. Homeschool families are free to meet the educational needs of their own children.

Legal Protections for Educational Freedom

"Freedom of education" is a constitutional (legal) concept that has been included in several national constitutions, e.g. the European Convention on Human Rights, the Belgian constitution (article 17) and the Dutch constitution (article 23).

The United States the Federal government lacks the right to restrict the freedom of individuals to form schools or define educational curricula. Although "freedom of education" is not explicitly granted by the constitution, it has been ruled to be protected as part of the "liberty of citizens of the United States", which the Constitution protects, in several Supreme Court decisions, including Meyer v. Nebraska (1923), Pierce v. Society of Sisters (1925) and Wisconsin v. Yoder (1972). Brown v. Board of Education was landmark supreme case that over turned segregation in schools based on the color of one's skin.

However, it should be noted that people wishing to attend private or parochial schools must pay for their freedom of education. After paying property taxes which support government run schools, people wishing to exercise their freedom of education must pay again in the form of tuition, thus the trade-off being a loss of economic freedom.


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