In 1948 a group of Mennonites fled persecution from post-World War II Germany to immigrate to Uruguay. They were joined 13 years ago by several more Mennonite families from the United States doing mission work in the country.
These families consider it vital to educate their children in the Mennonite faith. They have hired tutors to make sure the children are learning in English and Spanish. They study under the faith-based umbrella school Home Life Academy, founded in 2003 by David Parkerson.
Last year, the Uruguayan National Administration of Public Education (ANEP) filed a lawsuit against the families for not having their children in a public school. Daniel Torres is a lawyer for the businesses of the Mennonite families, and they asked him to defend them in court. After seeking advice about home education from Eloisa Troya, a seasoned home education advocate in her country, he agreed to represent them.
While homeschooling is not yet explicitly legal in Uruguay, Torres argued that the parents’ approach of providing an education for their children was in accordance with the law. The Uruguay constitution establishes educational freedom, allowing parents to choose the teachers or institutions they wish. This is in addition to many international treaties that also uphold this freedom.
Torres also used the Law of Urgent Consideration to convince the court that the families were indeed providing an appropriate education for the children. That law states that parents must ensure their children are educated, but it removes the obligation to enroll them in a public school.
That’s the legal part. A comprehensive analysis was also done, focusing not only on the educational aspect, but also including multiple reports assessing the children’s health, social development, and interactions. These reports summarily concluded that there was no violation of the right to education. Daniel also advised the families to bring their children to court so the judge could see how educated, eloquent, and joyful the kids were.
Thankfully, the judge ruled that the case should be closed from a legal and evidentiary standpoint, because there was no violation of any rights. The families were allowed to exercise their homeschool freedom and not enroll their children in a state-sponsored school.
However, ANEP has filed an appeal, seeking to force them to re-enroll in public school. Torres has already responded to the appeal and is waiting for the “second court” to rule. There should be a decision soon. The original ruling already set a groundbreaking precedent, and if the Mennonites win the appeal, it will open the door for more homeschool freedom in Uruguay.
The families remain calm and are hopeful of a good outcome.
Torres said this is a highly politically charged subject. The previous government was more favorable to homeschooling, but the new government is much less so. HSLDA stands in solidarity with the homeschooling families of Uruguay, and we hope the court chooses educational freedom for them.
“Forcing children to go to public school and ensuring they receive a quality education are two different things,” said Kevin Boden, staff attorney and director of HSLDA International. “I'm delighted that this court acknowledged this distinction and ruled clearly that an education can be received in contexts far removed from the compulsory public education model. This case is a win for parents in Uruguay, Latin America and the global homeschooling community.”