Educational mandate

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Educational mission designated to promote addressed to parents and government debt, children and young people in their development and to a self-responsible and socially competent personality to educate .

The parental educational mandate is derived from Article 6 (2) of the Basic Law , which recognizes the care and upbringing of their children as a natural right to parents and the primary duty incumbent on them. The state educational mandate is derived from Article 7 (1) GG , which places the entire school system under the supervision of the state.

According to the established case law of the Federal Constitutional Court, parents have a prerogative to organize the upbringing of their child at their own discretion. This principle does not apply in relation to the structure of school lessons, in which the state educational mandate, according to the established case law of the Federal Constitutional Court and the Federal Administrative Court, is not subordinate to parental rights, but is on the same level. Apart from that, state interference in parental upbringing is only legal if the child's well-being is seriously endangered .

See also

Individual evidence

  1. ^ For the first time BVerfG , July 29, 1968 - 1 BvL 20/63; 1 BvL 31/66; 1 BvL 5/67 ( full text online ( memento of October 6, 2014 in the Internet Archive )) Guiding principles: “3. Article 6, Paragraph 2 of the Basic Law guarantees parents priority over the state as an educational institution. This parental right contains the essential component of the duty to care for and bring up children; Parents who evade this responsibility cannot invoke parental rights in the face of government intervention for the benefit of the child. 4. The guardianship of the state (Article 6, Paragraph 2, Clause 2 of the Basic Law) is primarily based on the child's need for protection, as the bearer of fundamental rights, his own human dignity and the right to develop his or her personality within the meaning of Article 1, Paragraph 1 and Art. 2 para. 1 GG applies. "
  2. BVerwG 6 B 65.07, decision of May 8, 2008 (full version ) Quote: “In schools, the state is not limited to the guardianship assigned to it by Article 6, Paragraph 2, Clause 2 of the Basic Law. Rather, the state educational mandate in schools (Article 7, Paragraph 1 of the Basic Law) is not subordinate to parental rights, but is on the same level. Neither parental rights nor the state's educational mandate have absolute priority. In schools, the state must therefore respect the parents' responsibility for the overall plan for bringing up their children and be as open to the variety of views on educational issues as is compatible with an orderly state school system. In this context, however, he may in principle pursue his own educational goals in school independently of the parents. The state's mandate, which is required by Article 7, Paragraph 1 of the Basic Law, is not limited to imparting knowledge, but also has to do with training the individual child to become a responsible member of society (BVerfG, judgment of December 6, 1972 - 1 BvR 230/70 et al. - BVerfGE 34, 165 <183>; decisions of December 21, 1977 - 1 BvL 1/75 et al. - BVerfGE 47, 46 <71 and 71> and of May 16, 1995 - 1 BvR 1087 / 91 - BVerfGE 93, 1 <21>). Compulsory schooling serves the legitimate aim of enforcing this state educational mandate (BVerfG, Chamber Decision of April 29, 2003 - 1 BvR 436/03 - DVBl 2003, 999). "