Denying a mother the right to homeschool, a Brazilian state court ruled that the mother will also face fines of around $20,000 USD.
Regiane Cichelero began homeschooling her 12-year-old son during the COVID-19 pandemic when schools shut down. After she continued to homeschool when schools reopened in March 2021, local authorities penalized her with fines and threatened to take away her custody of her son. Cichelero, a Christian, believes homeschooling provides the highest quality teaching that matches her family’s faith.
“All parents have the God-given right and obligation to make choices that provide the best outcomes for our children,” she explained in a press release prior to the latest ruling. “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. 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.”
Prosecuted by local authorities, Cichelero sought legal defense through Alliance Defending Freedom (ADF) International.
ADF International is arguing that Article 26.3 of the Universal Declaration of Human Rights protects homeschool parents, as it states that “parents have a prior right to choose the kind of education that shall be given to their children.” ADF International also cites Article 13 of the International Covenant on Economic, Social and Cultural Rights, which provides that parents have the right “to choose for their children schools, other than those established by the public authorities, which conform to such minimum educational standards as may be laid down or approved by the State and to ensure the religious and moral education of their children in conformity with their own convictions.” Over 70,000 children are homeschooled in the country.
In July, the state court of Santa Catarina, the state’s highest court, heard the case, and ADF International announced the court had ruled against Cichelero in a Sept. 5 press release.
“This decision is a disappointing setback for parental rights in Brazil,” said Julio Pohl, ADF International’s legal counsel for Latin America. “International human rights law is clear: parents have the right to choose the kind of education their children receive. By deciding that Regiane cannot homeschool her son, the court has not only failed her family but also undermined protections for all parents across Brazil.”
According to ADF International, Cichelero will appeal to the Supreme Federal Court, the nation’s highest court.
“It is heartbreaking to be told that I cannot provide my son with the education I know is best for him,” Cichelero said. “The state’s decision not only punishes me with heavy fines but also strips me of the ability to raise my child according to my convictions. No parent should have to fear punishment for choosing the best education for their child.”