HSLDA emailed the following letter to members of the Swedish Parliament.

By way of introduction, the Home School Legal Defense Association (HSLDA) is an international organization located in the United States. Our mission is to advance and protect the right of parents to teach their children at home. Presently, we have more than 85,000 member families in all 50 of the United States, all its territories and in 36 countries.

It has come to our attention that many Swedish families would like to homeschool their children. While many have been allowed to do so, there is increasing repression of these families through court proceedings. We are also informed that the Swedish Parliament is considering changes to the current school law that would allow home education only in "exceptional circumstances" and make it possible for homeschooling families to face criminal sanctions.

We wish to point out that Sweden's behavior in repressing home education and in considering laws that would severely restrict, if not entirely eliminate home education, is similar to behavior for which Germany has been criticized. In fact, the United States of America has granted political asylum to a German family who fled persecution because of their desire to homeschool their children. This persecution took the form of fines and other threats based solely on the fact that they homeschooled their children. If Sweden adopts this strict law, as recommended in Chapter 24, Paragraph 23 of the proposed new Swedish school law, it appears likely that the same circumstances that currently exist in Germany would appear in Sweden, forcing many Swedish citizens who wish to homeschool to flee their home country. It is our understanding that some Swedish families have already chosen to flee because of harassment from local school authorities who arbitrarily deny them their right to teach their own children.

While we understand that nations have their own culture and laws, Sweden is a country based on Western notions of justice and liberty. In addition, Sweden often points to its positive record on human rights. Yet as United States Federal Immigration Judge Lawrence Burman wrote in his opinion granting the German Romeike family political asylum, "No country has a right to deny these basic human rights." He refers to the right of parents to decide the best form of education for their children, which includes the right, even if regulated, to educate their own children themselves.

As you know, the Treaty of Amsterdam calls for respect for those fundamental rights guaranteed by the European Convention on Human Rights. These same rights are solemnly proclaimed in the Charter of Fundamental Rights of the European Union, most notably Article 6 (Right to liberty and security of person), Article 7 (Respect for private and family life), Article 10 (Freedom of thought, conscience and religion), Article 14 (Right to education), Article 20 (Equality before the law), Article 21 (Non-discrimination), Article 22 (Cultural, religious and linguistic diversity), Article 24 (Rights of the child), and Article 47 (Right to an effective remedy and a fair trial). These formative documents each indicate that homeschooling should be possible for those who choose it. Furthermore, the UN Universal Declaration of Human Rights itself states in Article 26 that parents retain the right to choose the kind of education their children receive.

In his report on the German education system in 2006 United Nation's UN Special Rapporteur Vernor Munoz writes,

[A]ccording to reports received, it is possible that, in some Länder, education is understood exclusively to mean school attendance. Even though the Special Rapporteur is a strong advocate of public, free and compulsory education, it should be noted that education may not be reduced to mere school attendance and that educational processes should be strengthened to ensure that they always and primarily serve the best interests of the child. Distance learning methods and home schooling represent valid options which could be developed in certain circumstances, bearing in mind that parents have the right to choose the appropriate type of education for their children, as stipulated in article 13 of the International Covenant on Economic, Social and Cultural Rights. The promotion and development of a system of public, government-funded education should not entail the suppression of forms of education that do not require attendance at a school. In this context, the Special Rapporteur received complaints about threats to withdraw the parental rights of parents who chose home-schooling methods for their children. (Emphasis added.)

The UN report notes in recommendations Section 93(g) "[A]hat the necessary measures should be adopted to ensure that the home schooling system is properly supervised by the State, thereby upholding the right of parents to employ this form of education when necessary and appropriate, bearing in mind the best interests of the child."

Scientific research and practical experience around the world has conclusively proven that homeschooling is at least as effective as public schools both academically and in producing well-socialized and productive members of society. In many cases, homeschooling has proved more effective. There is no other country in the world that has as much experience with this form of education as the United States. With over 2 million homeschooled students (nearly 3% of the school age population), the United States' experience has been overwhelmingly positive and demonstrates that measures to restrict home education, such as those before the parliament today are repressive and are not necessary to safeguard the State's interest in education or in protecting children.

For more research, please read a report by the Fraser Institute of Canada.

For additional research, please also visit HSLDA's online research.

We urge you to vote against this severe law to modify Chapter 24 Paragraph 23 in the proposed new Swedish school law. This change would essentially ban homeschooling in Sweden. In a pluralistic and
democratic society such as Sweden, freedom in education must be respected. It is the recognized human right of parents to determine the best form of education for their children. If I may be of further service to you or provide additional information please do not hesitate to contact me.

With kind regards,
Michael P. Donnelly, Esq.
Director of International Relations

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Post Title. 03/20/2010
 
Sweden Takes A Hardening Line

A new law which would allow home education only under "extraordinary circumstances" is awaiting finishing touches before it is brought before the entire Swedish Parliament. Unfortunately, the new restrictive law is expected to pass. The Swedish Supreme Administrative Court has completed its obligatory review of the law and simply asked the Parliament to clarify the meaning of "extraordinary circumstances."

In just one year the climate for homeschooling has dramatically changed.

"Just two years ago my family and many others received the permission of local municipal school boards to homeschool," says Jonas Himmelstrand, president of the Swedish homeschoolers association which is called ROHUS. "The current law says that children may be educated away from school if the parents can show a viable alternative. Last year we won our court case at trial, but the appeals court sided with the government against our homeschooling. The school year was over before the school officials could bring another case. This year the authorities are being much more aggressive. Families are being fined and the new law would allow for the imposition of criminal sanctions."

The issue is becoming increasingly visible as the media in this small Scandinavian country report on the concerns of parents who simply wish to educate their own children at home.

Lisa Angerstig, an American MBA-holding mother of four who is married to a Swede, says she is greatly concerned about the situation.

"The authorities have acted very aggressively against my family," said Angerstig. "They have already fined us about $1,400, and they are seeking to enforce that fine even as we appeal their rejection of our homeschooling plan. Some of my children attend a local Christian school. But when my second son said he was bored and wanted to school at home, I agreed, since we had done this with our other children. He was one of the top students at the school, involved in many extracurricular activities and sports and always got the highest grades. Sweden is a beautiful country, and the people are very nice. But the government has become increasingly aggressive about education, trying to require that all children go to the state schools. For a country that prides itself on human rights, this type of aggressive behavior is quite shocking."

Himmelstrand agrees and talks of how the former president of ROHUS has left the country rather than face the court challenges.

"He did not wish to have to defend his family in court and face fines," Himmelstrand said. "So he has left the country. There are only 100 or so children homeschooled in Sweden. It appears that this is 100 too many for Swedish authorities. They are preparing to pass this new law to make it harder, and it appears that local school boards are already enforcing the new law even though it hasn't been passed through Parliament."

The Världen idag, a Swedish newspaper, reported that Laina Toughness, administrator at the Swedish Association of Local Authorities and Regions (SKL), spoke against homeschooling. "We want an inclusive school, and this is something that is perceived as exclusive," she says. She says that local authorities are unsure of how to assess the instruction, parents' skills, teaching content and children's access to a social network.

The paper also reported that Maria Kornevik Jakobsson, a member of Parliament, is supportive of homeschooling. "To believe that we can save children from bad parents by banning homeschooling does not work ... Most child abuse is, of course, at school, so it's a bad argument."

Michael Donnelly, director of International Relations for HSLDA, says the organization is preparing to help these families.

"We are privileged to support these brave parents as they fight for their right to homeschool and provide the best education for their children," Donnelly said. "It is important that we help Swedish homeschoolers so that the stereotypical view of homeschoolers can be stopped from spreading to other nations-including our own. Homeschooling is a valid and mainstream form of education that works well. Valid research demonstrates this, and countries like Sweden and Germany ought to be ashamed for denying parents their fundamental right to determine the best form of education for their children."

Himmelstrand has an upcoming trial but is trying to remain hopeful.

"We won at the trial court last year but lost in the appeals court," said Himmelstrand. "However, the way things have been going this year it isn't looking too hopeful. We are grateful for the support of American homeschoolers. Their financial and moral support is invaluable. There are so few of us over here-but it is encouraging to know that there is still a place like the United States where families' rights are protected from this kind of arbitrary power. If our problems here continue in the same degree, and if the new law goes through, it's just a matter of time before the first Swedish family seeks asylum in the U.S. I never thought I would start to consider Sweden a reluctant democracy. But now it seems so."

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First Post! 02/08/2010
 
Granted Political Asylum to Learn at Home Full story: New York Times

On a quiet street in this little town in the foothills of the Smoky Mountains lives a family of refugees who were granted asylum in the United States because they feared persecution in their home country.

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