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Englisch:

Summary of the contributions in the discussion „Parental Rights in Education

On the occasion of the „2nd World Conference on the Right to Education
and Rights in Education.“, Brussels 8.-10.11.2012

Questioning Parental Rights:

Rights or natural functions?

We meet here at lawyers’’‘ and at parents’’‘ level, simultaneously.
This seminar is about “legal rights”.
But as parents we may ask: Who can give the candle a right to burn?
Who can give the moon the right to be full once a month?
Who can give parents the right to educate and teach their child?
Who can give the child a right to be curious and eager to learn?
Teaching and learning are natural functions of human nature.
When a child is born, it naturally has an enormous asset of trust which nobody can give him as a „legal right“.
The child’s ability to trust is general precondition for any form of education and learning.

Defining Parental Rights and Duties:

Due to the legal system

Nevertheless, since here we are talking on the level of laws, we are obliged to talk about „rights“; and for creating a balance, is it also logical to also talk about „duties“.
So, towards which objective can parental rights and duties be defined?
Is the aim to develop into a different society?
In which way can parental rights and duties contribute to a better life, to a better world?

Parental Right to basic education of their children:

To start with:
Basis of education and learning = Mutual trust and vivid relation-connection

Seeing it on a worldwide perspective, we must take into consideration that millions of children are missing
this basic trust and confidence, since they lost their adult, skilled reference person: homeless children, those living in child-headed families or in abusive relations.
Thus they miss the basis for comprehensive learning and education.
So as lawyers and parents we must get down to this basic level:
To start with, it would take armies of social workers who give trustworthy reference persons for these children, to provide the precondition for education, apart from implications to prevent that children go homeless.

Parental Right to safe environment:

Remedy for and prevention of violence and bullying in school: Mutual trust and vivid relation-connection

Additionally we can see that most of today’s schools are in need of more trust and positive, vivid relation which are prevention of and remedy for violence and bullying. Implying methods of Restorative Justice (Restorative Circles) are an excellent way to work in this direction.
Safe room for those who need it must be provided on the physical and on the psychological level.

Parental Right to communication, to information, to own conviction and own belief

Maintaining a positive relation depends on the ability to communicate with respect and trust.
In school this must be established between director, teachers, parents and pupils.
Basis for successful communication is true respect of the individual as being an indinspensable part of community.

Parental Right to free choice of schools, right to mothertongue

Also schools have their individual identity – in form of a school history, values (pedagogical philosophy),
education language and school culture. These elements have to be publicly presented and documented, serving as a basis information for parents to choose the appropriate school for their children.

Parental Right to participation, affordable school fees, democratic education

Painting a positive picture:

Like a caring parent, who is the basic role model for those he cares for, the state must give the proper, affordable framework for its citizens to develop, it must take responsibility and provide a safe, nurturing surrounding for those who need it, prohibiting any exploitation and any unjust, abusive practices.
And like in a functional family, every member’s needs and opinions are taken into account, while responsibility for decisions are left those who make them. This principle is the basis for the right to participation, which can be defined as a basis for the successful implication of democratic means.