The right to education and limits to the parental authority within the Liberal State: the case of home schooling

  • Borja Barragué Calvo Universidad Autónoma de Madrid
Keywords: home schooling, liberal state neutrality, minimalist education, communitarianism, democratic education

Abstract

This work analyses the main arguments for and against the home schooling. Starting from the distinction between parental and state authority in education of children, the article successively develops both themes. Special emphasis is placed on the arguments put forward by the Judgment 133/2010 of the Spanish Constitutional Court that have settled the legal debate on the subject. The text argues that compulsory attendance laws neither violate the liberal principle of State neutrality nor the principle of proportionality in the strict sense. 

Published online: 04 December 2014

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Published
2014-12-04
How to Cite
Barragué Calvo, Borja. 2014. “The Right to Education and Limits to the Parental Authority Within the Liberal State: The Case of Home Schooling”. Estudios De Deusto 59 (1), 11-39. https://doi.org/10.18543/ed-59(1)-2011pp11-39.
Section
Studies