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Betreff: For your information
Dear Sirs,
I’m writing to you from Germany about the Report of the Special Rapporteur on the right to education.
1. The report hasn’t been officially translated into German.
2. However, it has been unofficially translated into a German Version, which is, granted, an unauthorised provisional (or draft) version to work with (“Arbeitsübersetzung”). It has been published by the GEW (Labor Union for Education and Science). The draft translation on which this translation is based upon, was the draft translation of/for our Federal Government. The GEW may have modified it before it was published. It seems that this translation was also based on a draft of the original Version by Vernor Muñoz.
3. The translation contains errors which may be followed (or might have already been followed) by serious consequences for German law on homeschooling.
The Report reads:
62. According to reports received, it is possible that, in some Länder, education is understood exclusively to mean school attendance. Even though the Special Rapporteur is a strong advocate of public, free and compulsory education, it should be noted that education may not be reduced to mere school attendance and that educational processes should be strengthened to ensure that they always and primarily serve the best interests of the child. Distance learning methods and home schooling represent valid options which could be developed in certain circumstances, bearing in mind that parents have the right to choose the appropriate type of education for their children, as stipulated in article 13 of the International Covenant on Economic, Social and Cultural Rights. The promotion and development of a system of public, government-funded education should not entail the suppression of forms of education that do not require attendance at a school. In this context, the Special Rapporteur received complaints about threats to withdraw the parental rights of parents who chose home-schooling methods for their children.
In the German translation, however, it has been added:
Distance learning methods and home schooling represent valid options which could be developed in certain circumstances, which have to be exceptional/extraordinary, bearing in mind that parents have the right to choose the appropriate type of education for their children, as stipulated in article 13 of the International Covenant on Economic, Social and Cultural Rights.
Why is this important to us?
In Germany, as you know, Law about education is in the power of Germany’s “Bundesländer” (federal states). All have in common, that they haven’t allowed homeschooling in almost all of the submitted cases. But, the laws of the Bundesländer already say – as in the report recommended – that homeschooling may be allowed “in certain circumstances”. However, they have only ever allowed “extraordinary” ones, for homeschooling is not seen as a “valid option”. Extraordinary cases have been until now only illnesses of exceptional sort and children who have become Popstars (like “Tokio Hotel”) and are not able to attend school because of their business and/or popularity.
Therefore, this inconspicuous insertion makes it look as if Germany were acting already according to Special Rapporteur Vernor Muñoz! But it’s not! Fact is, by German law, it already is possible to allow homeschooling. It is just a matter of interpreting our laws in the way Mr. Vernor Muñoz has recommended to.
There are three possible reasons for this erroneous translation:
- the insertion actually was part of the draft of Vernor Muñoz, then it was translated and then Muñoz decided to cut this part out. In this case, the translation is correct, and the insertion in German is just a “leftover”. Though it would be nice for the German people to be informed of changes – it seems odd that the German government hasn’t published any of the versions.
- The insertion wasn’t part of the English draft by Vernor Muñoz. The translation of the English draft by the Government is incorrect because of the insertion. The labor union GEW didn’t notice the error and adopted the insertion in its revised (still draft and unofficial) translation of the final version of Vernor Muñoz.
- The insertion was not part of the English draft by Vernor Muñoz. The draft translation by the Government was correct. The insertion was added as the GEW used the draft German translation to translate the final version of the report.
Since the translation isn’t official, and the German Federal Government hasn’t found it important enough to even publish online neither the English version of the report nor the German one – I was wondering, if you are interested in this information at all, if you are willing to take steps or if you have already taken steps. Maybe you can clarify how this error might have occurred in the first place.
Yours sincerely,
Johanna Gundermann
...und viele andere…
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