A Brazilian state high court has ruled that a mother cannot homeschool her son and must enroll him in a recognised school, upholding fines imposed on her for non-compliance, a decision legal advocates argue violates international human rights law protecting parental rights in education.
The ruling by the highest court in Santa Catarina rejected the appeal filed by Regiane Cichelero, a mother who began homeschooling her 12-year-old son in 2020 after the COVID-19 pandemic forced schools to close, according to the legal advocacy group ADF International, which supports the mother.
The court ordered Cichelero to place her son in a formally accredited school and maintained fines amounting to about $20,000.
Cichelero continued homeschooling even after schools reopened in March 2021, citing the quality of instruction and curriculum that she says wasn’t consistent with her family’s Christian values. Local authorities responded by imposing a $300 fine and a continuing penalty of $20 per day for each day her son remained unenrolled in a recognised school, potentially reaching $1,200.
She stated that she was also threatened with the possibility of losing custody of her son if she did not comply with the state’s education mandate. After her legal challenge failed in the state court, she announced plans to take her case to the Supreme Federal Court of Brazil.
Cichelero described the outcome as “heartbreaking.”
“It is heartbreaking to be told that I cannot provide my son with the education I know is best for him. The state’s decision not only punishes me with heavy fines but also strip 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.”
Julio Pohl, legal counsel for Latin America at ADF International, said the court’s decision had failed her family and weakened legal protections for parents in the country. He cited Article 26.3 of the Universal Declaration of Human Rights and Article 13.3 of the International Covenant on Economic, Social and Cultural Rights, both of which affirm the right of parents to choose the kind of education their children receive.
Chichelero has said that she believes homeschooling her son is what is best for him and ensures that she can “impart our faith and values,” which she says are “consistently challenged and undermined in Brazil’s public school system.”
Over 70,000 children are homeschooled in Brazil, according to the National Association for Home Education, which collects data unofficially due to the absence of federal legislation. The lack of a national law has contributed to legal uncertainty for families choosing home education.
In 2018, Brazil’s Supreme Federal Court ruled that homeschooling was not unconstitutional. However, it held that specific legislation would be required to regulate it. No such law has been passed since the decision, leaving homeschooling families without clear legal protection.
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