A Brazilian state court will hear oral arguments on Wednesday in the case of Regiane Cichelero, a Christian mother prosecuted for homeschooling her son. The case is being brought before the highest court in the state of Santa Catarina.

Cichelero began homeschooling her 12-year-old son in 2020 after public schools shut down due to COVID-19 and continued after in-person classes resumed in March 2021. She said she believed homeschooling allowed her to offer a higher-quality education aligned with her family’s religious convictions, according to the legal advocacy group ADF International, which is backing her case.

Brazilian law requires compulsory school enrollment.

“Regiane made a lawful and conscientious decision to teach her son at home,” said Julio Pohl, ADF International’s Legal Counsel for Latin America. “We are hopeful that the court will affirm her rights and take an important step toward protecting parental rights in Brazil.”

“It is my role as a mother to provide the best education I can for my son,” Cichelero said ahead of her court date. “The state’s decision to penalize me has made it difficult to fulfill that duty. But I look forward to this hearing, and I am hopeful for a decision that affirms the right of parents to direct their children’s education. No parent in Brazil should fear the risk of fines or even of losing custody of their child simply for making the best choice for their family.”

Following her decision, local authorities imposed fines and launched legal proceedings. Cichelero was fined $300 for failing to enroll her son in public school and faced a $20 daily penalty, potentially totaling $1,200.

A judge also warned that she risked losing custody of her son if she did not comply with enrollment requirements.

ADF International contends that her right to homeschool is protected under international human rights law.

“Parents are the first authority for the education of their children, and this reaction from the local authorities is a complete violation of her rights as a parent guaranteed under international law,” Pohl previously said.

More than 70,000 children are being homeschooled in Brazil, according to unofficial data from the National Association for Home Education. Despite this, there is no federal law in place to regulate homeschooling, the group points out.

In 2018, Brazil’s Supreme Federal Court ruled that homeschooling is not unconstitutional, but also affirmed that specific legislation would be necessary to regulate the practice. Since then, families who choose home education have continued to face legal uncertainty.

International legal instruments affirm parental rights in educational decisions, the group explains.

Article 26.3 of the Universal Declaration of Human Rights states that “parents have a prior right to choose the kind of education that shall be given to their children.”

Similarly, Article 13 of the International Covenant on Economic, Social and Cultural Rights affirms the state’s obligation to respect the rights of parents to choose schools that align with their convictions, provided they meet national educational standards.

Cichelero has said that her decision was rooted in both educational and religious concerns.

“I choose to homeschool my son because I believe this is what is best for him, and am committed to providing him with the best possible education,” she stated earlier. “Moreover, homeschooling ensures that I can impart our faith and values, which are so important to our family, to him on a daily basis — values that are consistently challenged and undermined in Brazil's public school system.”

Cichelero, who also has a younger child, continues to homeschool despite the ongoing legal risk.

News Source : https://www.christianpost.com/news/brazilian-court-to-hear-homeschooling-case-of-christian-mother.html