Emily Bourne from our Education team explains how parents can understand and defend their rights in a culture which is seeking to undermine them.
It is becoming increasingly clear that the government is disregarding the foundational principle that parents are the primary educators of their children, particularly in cases where parents are wanting to raise their children in line with a Christian worldview.
The Children’s Wellbeing and Schools Bill and the introduction of VAT on school fees are just two examples of how parents are being perceived as being a danger to their children for simply choosing to educate them at home, often to protect them from age-inappropriate content and a politically-charged, oversexualised curriculum used in some schools.
Parents are afraid to speak out for fear of having their children taken away from them. But what does the law really say, and how can parents equip themselves to defend their rights for the sake of the next generation?
Where do such rights come from?
In some ways it seems obvious that parental rights arise from the natural order and the essential features of our humanity, not least the natural ability for most people to become parents. Christians understand that this natural or created order was ordained by God, with the Bible clearly stating that parents have God-given authority and responsibility over their children.[1]
No law, policy, or institution can claim that it is the giver of parental rights.
It is a Christian worldview which has actually shaped much ‘rights’ legislation across world, which is why international treaties seek to promote and protect family life. This is also why they generally seek to promote a quick restoration of the parent-child relationship except in extraordinary circumstances.[2] When going into meetings with potentially hostile school staff, parents can therefore be confident that their rights are not only cemented in universally adopted principles and much international law, but actually woven into the very fabric of creation itself.
Who should be responsible for education?
The right to education is contained in Article 26 of the Universal Declaration of Human Rights. Whilst the state is expected to have a role in setting certain educational standards, there is no international assumption that the state can provide a ‘better’ education than parents or that the state should be the sole provider of education.
The Article is clear that parents have “the prior right to choose the kind of education that shall be given to their children”[3] and assumes that the parents are the primary educators of their children. Any education provided by the state should not absorb the primary authority of parents, but rather allow for the provision of a variety of educational opportunities which parents should be free to choose without hinderance. This should include schools (both state and independent), learning centres and also home education.
Freedom to educate in line with religion and belief
Articles 8 and 9 of The European Convention on Human Rights protect the principle that parents have the right to raise their children in accordance with their faith. Article 2 of Protocols 1-2 extend that to schools, as they are expected to “respect the ability of parents to raise their children according to their own religious beliefs.”
The Equality Act 2010 states that religion is a protected characteristic, alongside sex, gender reassignment and sexuality. It is not subordinate to other protected characteristics.
Schools should not undermine what parents are teaching their children at home, and Christian parents should expect their views to be considered when schools cover topics such as abortion, contraception or same-sex marriage. Schools should be reminded that while the content of the curriculum is explicitly excluded from the provisions of the Equality Act, the way in which it is delivered must not result in unlawful discrimination against those with Christian beliefs.
This freedom should include the ability to home educate.
While the European Court of Human Rights does not confer a right to home education, the fact that domestic law does so means that the right is by extension also protected under the Human Rights Act 1998. This freedom includes the right to send children to a fee-paying school, but also to establish a school themselves in line with their religious convictions.
This is why both the Children’s Wellbeing and Schools Bill and the introduction of VAT on schools fees are of significant concern. Put together, they limit the choices available and restrict parents’ freedom to raise their children in line with their own religion and beliefs.
Education Revolution
Schools are increasingly a battleground for many of the culture wars being fought today.
For example, our legal team has supported a school assistant, Kristie Higgs, who was dismissed from her job after raising concerns on Facebook about extreme sex education and transgender ideology being taught in her son’s Church of England primary school. Seven years on, her win is a landmark for free speech and reaffirms that the Equality Act protects traditional Christian beliefs on social issues, such as opposition to the ideas of transgenderism, ‘gender-fluidity’ and opposition to same-sex marriage.
But we don’t just want to fight injustice, we want to see culture transformed.
This is why we are hosting our second Education Revolution Conference in April, where we will seek to gather home educators, school teachers, parents, leaders and academics to consider together the issues regarding educating God’s children and young people for his purposes.
It is our prayer that as more parents become assured of their biblical responsibilities, alongside their rights in law, they will become emboldened to pursue the best education for their children which will, in turn, positively impact both individuals and society for Christ.
Footnotes:
[1] See for example Ephesians 6 v 4 and Proverbs 22 v 6
[2] See for example Universal Declaration on Human Rights (Article 16) and the United Nations Convention on the Rights of the Child (Article 18)
[3] See Article 26 Protocol 3 of the Universal Declaration of Human Rights
