Am “World Congress on the Philosophy of Law and Social Philosophy” präsentierte u. a. der Menschenrechtsanwalt und Theologe John Warwick Montgomery seinen Aufsatz “The Justification of Homeschooling vis-a-vis the European Human Rights System”.
At the deepest level culturally, increasing secularism in modern society—particularly as manifested in Europe—poses special difficulties. The secular mindset can (as in the Konrad opinion) lead courts to an unconscious acceptance of politically correct notions of educational “integration.” Sadly, this also means that where constitutions and international human rights instruments are silent on an issue, the law will not appeal, as in the past, to the “higher law” as set out in the Holy Scriptures—the inalienable dignity of the human person, his family, and his personal decision-making, as John Locke derived these rights principally from biblical revelation—but will tend to defer to state power and bureaucracy, infused by prevailing pluralistic viewpoints. Where this occurs, the tragic result will be, not an increase in human rights protections but just the opposite. In that respect, the home schooling issue may serve as a litmus test to discerning jurists.
