Parents have a prior right

The details of Attorney-General Holder’s arguments in the brief for Romeike v. Holder seem contradictory to Human rights as defined by the Article 26. Section 3. of the UDHR

According to Holder, parents have no fundamental right to home-educate their children.

“[Holder’s office] argued that there was no violation of anyone’s protected rights in a law that entirely bans homeschooling. There would only be a problem if Germany banned homeschooling for some but permitted it for others."

Article 26. of the UDHR

• Section 3 Parents have a prior right to choose the kind of education that shall be given to their children.

A prior right would certainly be a more fundamental right and likely would be classified as a natural right.

The UDHR list numerous rights that are called Human. Human rights are governed by Human Events and therefore are not fundamental but the result of what humans do. So a prior right to Human action would be fundamental.

If we read all of Article 26. we see:

Article 26.

1. Everyone has the right to education. Education shall be free, at least in the elementary and fundamental stages. Elementary education shall be compulsory. Technical and professional education shall be made generally available and higher education shall be equally accessible to all on the basis of merit.
2. Education shall be directed to the full development of the human personality and to the strengthening of respect for human rights and fundamental freedoms. It shall promote understanding, tolerance and friendship among all nations, racial or religious groups, and shall further the activities of the United Nations for the maintenance of peace.
3. Parents have a prior right to choose the kind of education that shall be given to their children.

Rights always have a correlative obligation or duty.

If a Human Being has a right to free education someone has an obligation to provide that education. It would be assumed that the parents have the prior obligation of nurturing their progeny. That obligation is imposed by nature itself and right reason according to the law of nature. Since life was bestowed upon a child by their parents the right to life and a full life begins with the parent. If that life is not provided by the parents then the obligation may fall to another by nature or by Human Events.

If the parents have already obligated themselves to the state to provide them with the benefit of life their rights to their Children may be claimed by the state because of prior or present benefits to the parents.

If parents were independent of government benefits and even excluded from those benefits then the state3 could not claim a fundamental or legal right to take their children or regulate their children's education.

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