In early February, a family sat in Vigo’s Penal Court, facing a debate over whether home education could stand in for formal schooling. The prosecution had sought five months in prison and six years of parental incapacitation for alleged child abandonment, arguing that homeschooling during an entire school year constituted a crime. The parents testified that their choice was driven by concerns about the negative impact of regular school attendance on their child. Their lawyers asked for outright acquittal, and the judge granted relief, finding no evidence of neglect or apathy. The ruling labeled the case a “responsible deschooling” rather than a criminal act.
The events unfolded during the 2021-2022 school year. Although the child had been enrolled in third grade at a Vigo primary school, the parents chose not to send him there, with the mother taking the lead in delivering academic instruction at home using official textbooks. The court’s findings note that the child still participated in extracurricular activities such as music, sports, and language lessons on a regular basis. In the following year, the child joined another school, attending without interruption and successfully completing the curriculum with strong grades. The ruling emphasizes that the child was fully supported, cared for, and assisted by the parents.
When outlining its reasoning, the magistrate acknowledged that regular school attendance is important and that the right to education and enrollment in an approved center is mandatory. While it was shown that the parents did not comply with school enrollment for that specific year, the court did not view their actions as a display of irresponsibility or neglect towards the child’s wellbeing, care, or education. The decision concluded there was no abandonment or disregard for the child’s needs.
Looking at other similar cases, the judge described the situation as a form of “responsible deschooling.” In place of a traditional school setting, the parents provided education for their child during that academic year by following the official educational guidelines, ultimately meeting the curricular objectives for the stage the child was in.
According to the judge, there was no criminal sanction warranted for the accused. The focus, she clarified, should be on protecting the minor’s interests, with penalties not aimed at criminalizing parental conduct when there is no evidence of neglect or indifference. The ruling suggests that the appropriate response in such circumstances is to ensure the child’s welfare through protective measures rather than criminal charges against the parents.
Beyond this case, the court reflected on precedent from similar situations, reinforcing the idea that a considered, supervised alternative to traditional schooling can be compatible with the child’s education and development when it aligns with official guidelines and achieves curricular goals. The judge’s perspective emphasized safeguarding the child’s rights and well-being while avoiding criminalization of parental choices that preserve the child’s safety, growth, and learning opportunities. This stance aligns with broader discussions about education, parental responsibilities, and the evolving ways families support their children’s development under the law.
Overall, the courtroom outcome underscored a nuanced view: when parents demonstrably nurture their child’s education and welfare, even outside conventional classrooms, the state’s protective measures should take precedence over punitive actions. In this case, the focus was on ensuring the child’s ongoing safety and progress rather than prosecuting caregiving decisions that reflect a deliberate, informed approach to education. The ruling stands as a reference point for future deliberations about deschooling, homeschooling, and the boundaries of parental authority within the education system.
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