How did France get here?
To understand this, let’s rewind. On October 2,
2020, French President Emmanuel Macron introduced a bill that would shift the homeschooling
paradigm. In the course of a 60-minute speech,
President Macron used the words “Muslim,”
“radical,” “Islam,” and “separatism” over 90 times
as he worked to justify the new restrictions.
“Schools are our republican crucible,” he said,
according to a translation of the speech.[1]
“They
completely protect our children in the face of
all religious symbols. They are central to the
notion of secularism, and are where we form
consciences so that children become free, rational citizens able to choose their own destinies.”
Macron’s motives are clear, as is his glamorization of public education. In his mind (and
in the minds of many like him in the US), children belong to the state. After all, they are “our
children” and the state must protect them from parents who might subject them to a “religious
symbol” and thus keep them from becoming
“free citizens.” The state is seen as the ultimate
purveyor of good, and the family stands in
the way.
The roots of this worldview trace back to
French philosopher Jean-Jacques Rousseau. In
his influential work Êmile, he wrote: “A father
owes men to humanity, citizens to the state.”[2]
Macron, Rousseau, and many others subscribe to a worldview that replaces biblical values with political agendas. For them, education
is not the loving work of parents but the responsibility of the all-knowing paternalistic state.
This is the worldview that Bernard and Tracy
found themselves subject to in 2023.
Ideas have consequences
When their request to homeschool Emmanuel
was denied, they hired a lawyer and began the
legal process to challenge this decision. They
detailed the personal nature of their son’s
educational needs extensively, with supporting
examinations and testimonials from professors.
Bernard and Tracy defined more than 10
distinctive characteristics, including Emmanuel’s
individualized need for a bicultural and bilingual
educational framework. They also highlighted
his right for equal opportunities within France as
well as the US due to his dual citizenship; the fact
that he is a gifted child; his demanding sports
and arts schedules (competitive-level swim and
piano); and frequent family travel due to the
international nature of his father’s work.
They believed these facts showed that
Emmanuel met the criteria necessary to
demonstrate a “personal situation” and thus
acquire approval to homeschool.
Their case went before a French court on
October 17. In court, the rapporteur (a member
of the French legal profession who summarizes the case and analyzes the evidence for the
benefit of the judges) presented her recommendations to the judges. During her summary
and recommendation, she stated, “It is without
difficulty that we recognize Emmanuel has a
personal situation.” This was welcome news!
Unfortunately, less than a month later, on
November 7, Bernard and Tracy received the
formal decision they had feared. The judges
denied their request for approval to homeschool Emmanuel. The judges found that “the circumstances do not make it possible to characterize the existence of a personal situation to the
child Emmanuel.”
What qualifies as a “personal situation”
remains unclear. Tracy provided an extensive
list of criteria that do not meet the personal
situation standard, according to the court: precocity, autism, personalized pedagogy, medically
observed discomfort due to schooling, sporting
excellence, hypersensitivities, dyslexia, behavioral disorders, bilingualism, and many more.
“No explanation on the part of the department of education, nor the courts, as to what is
considered a personal situation is provided or
required,” she said.
Tracy and Bernard had two months to appeal
the court’s decision.
I had been in touch with Tracy since shortly
before the October court date. When their
request was denied, HSLDA agreed to take up
their case and assist with the appeal.
In December, HSLDA formally retained a
French attorney to represent them in their
appeal. In early January 2024, the appeal was
filed with the French Appellate Court. We are
currently awaiting their decision.
Over 11,000 families denied
Bernard and Tracy’s situation is not uncommon. Since the imposition of the new French
law in 2021, Liberté Éducation,[3]
a French homeschool advocacy group, estimates that more
than 11,000 families have been denied their
basic right to educate their children at home.[4]
We estimate that more than 90 percent of
families in France who request approval to
homeschool are denied. These are unimaginable statistics to an American homeschooling family.
But there is some good news. In October—the same month Bernard and Tracy were
in court—Liberté Éducation presented the
ultra-restrictive French homeschool law before
the United Nations. They argued that France’s
new law violated the UN’s International
Covenant on Social, Economic and Cultural
Rights (ICSECR).
In November, the United Nations Economic
and Social Council raised concerns about
France’s restrictive homeschool law. They
recommended France “ensure that the principles of necessity and proportionality and the
specific needs and best interests of the child are
duly taken into account when decisions are taken on the authorization of homeschooling….”[5]
In short, the United Nations acknowledged that
Article 13.3 of the ICSECR provides some level
of protection and guarantee for families that
desire to home educate. This was a historic win
for home education across the world.
The situation in France is representative of
many countries around the world, where both
opportunity and challenge are present. HSLDA
remains steadfastly committed to advocating
for the rights of parents everywhere to educate
their children at home. We desire to see a world
in which home education is legal and possible
for every child in every country.
Endnotes
[1]
“Fight against separatism—the Republic in action: speech by Emmanuel Macron, President of the Republic, on the fight against separatism,” Élysé online, October 2, 2020.
[2]
Rousseau, Jean-Jacques, Emile: or On Education, Penguin, 2007.
[3]
In partnership with Liberté Éducation, HSLDA is also financially supporting an appeal
to the French Supreme Court of another family whose request to homeschool has also
been denied.
[4] “Pour l’ONU, en matière de respect au droit à une alternative scolaire, la France est un
mauvais élève,” Liberté Éducation online, October 24, 2023.
[5] Committee on Economic, Social and Cultural Rights, “Concluding Observations on the
Fifth Periodic Report of France,” United Nations. October 30, 2023.
