Education of the child as part of parental duties – Comparative legal analysis of national reports submitted to the Commission on European Family Law

Research objectives and problems: The author conducts a comparative analysis of the legal regulations of 21 European countries concerning children’s education in the context of parental responsibility/authority. The guiding questions are: Is a child’s education considered part of parental responsibility/authority? What is the legal source of this right and obligation? Does the law give children any ability to decide about their education? Do the national reports refer to compulsory schooling or education duty? Research methods: The author performs a comparative legal analysis of reports submitted by 21 countries[1] to the Commission on European Family Law on the subject of parental responsibility. Process of argumentation: Drawing on the provisions contained in the domestic legislation of 21 European countries, as documented in the reports submitted to the Commission on European Family Law, the author presents the legal solutions governing children’s education in the context of parental responsibility/authority. Research findings and their impact on the development of educational sciences: The analysis shows that in all 21 legal systems examined, a child’s education is regarded as an element of parental responsibility/authority/care/custody. The most common legal sources of the parental right and duty to provide a child’s education are provisions found in children’s/family/parental responsibility acts or codes, constitutions, civil codes, and education laws. National legislation generally grants children an indirect right to influence their educational path. Most reports also outline, at least in general terms, the scope of compulsory schooling or education duty in their respective countries. Conclusions and/or recommendations: The discussion offers a concise overview of the regulations in 21 European countries and serves as an introduction to a more detailed analysis of the issue of children’s education.