UN Recognizes Parental Rights in United States

A UN expert on the right to education will present a report on education in the US to the Geneva Human Rights Council later this month, after a visit to the country last year. 

The report offers an often-critical perspective on the state of education in the US, with very little mention of homeschooling. But there are several encouraging takeaways. Interestingly, the Special Rapporteur conducted the visit at the invitation of the Biden administration, but waited until several months after the 2024 election to publicize the critique.

As many of you know, this year marks the centennial of the landmark Supreme Court decision in Pierce v. Society of Sisters, a case that famously stated: “The child is not the mere creature of the State; those who nurture him and direct his destiny have the right, coupled with the high duty, to recognize and prepare him for additional obligations.”

Considering this centennial, one significant takeaway from the report is its explicit recognition of what Pierce concluded, namely the fundamental right of parents to direct the upbringing and education of their children. The report highlights that "the right of parents to direct the care and custody of their children is considered one of the oldest fundamental interests safeguarded by the Constitution." It further notes that "the Constitution, and specifically the due process clause of the fourteenth amendment, protects the fundamental right of parents to direct the care, upbringing and education of their children.”

HSLDA has advocated and defended this principle as it relates to homeschooling since our founding in 1983. We know this is not simply legal mumbo-jumbo, but the very foundation upon which home school freedom stands. The principle reinforces that your right to choose the best educational path for your child is a liberty deeply rooted in the Constitution.

While the focus of the UN report is not on homeschooling, the report does touch on this issue. In a positive remark, the report mentions that parents in the US "can choose to send their children to private schools, which may be religious or non-sectarian, or elect to homeschool their children." This explicit inclusion of homeschooling within the broader landscape of educational options is a testament to the growing recognition and legitimacy of home education on both national and international levels.

While I won’t get into the details of the report as it relates to public education, higher education and other issues, it does provide a generally critical assessment of the public education system. The Special Rapporteur highlights "systemic inequalities," "inequitable funding," and an "overreliance on standardized testing."

As we in the homeschool community know, it is often these very concerns that convince many families to start homeschooling in the first place. As a community, we know that the traditional government-run system often fails to meet the diverse needs of students.

This UN report serves as a timely reminder that while parental rights and educational freedom are recognized, they are not guaranteed without ongoing vigilance and advocacy. It’s also a stark reminder that continued advocacy for homeschool freedom around the world is necessary, important and urgent.

HSLDA remains committed to defending your right to homeschool, whether in the US or around the world, and ensuring that this vital educational option remains free from undue government intrusion. We will continue to monitor developments stemming from this report and engage with policymakers to ensure that the unique contributions of homeschooling are understood and protected.