Brazilian mom fined, threatened with loss of son's custody for homeschooling
A Christian mother in Santa Catarina, Brazil, is facing legal fines and has been threatened with loss of her son’s custody because she withdrew him from public school in favor of homeschooling.
Regiane Cichelero began homeschooling her 12-year-old son after the local public school's closure during the COVID-19 lockdown in 2020.
When the schools reopened in March 2021, she continued educating him at home, believing she can ensure a high-quality education in line with her family's faith instead of exposing him to a public education system she believes maligns their faith.
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Cichelero's choice led to legal challenges from local prosecutors, according to ADF International, which provides legal assistance to the mother in addition to Christians in over 70 countries.
According to ADF International, Cichelero has been fined $300 for not registering her son and faces a per diem fine of $20, which could reach up to $1,200 until re-enrollment. The legal group also contends that a judge initially threatened to remove the son from her custody if she continued homeschooling.
"The fact that Regiane Cichelero has not only been prosecuted and fined, but also threatened with the removal of her child for choosing to homeschool is reprehensible," Julio Pohl, ADF International's legal counsel for Latin America, said in a statement. "Parents are the first authority for the education of their children, and this reaction from the local authorities is a complete violation of her rights as a parent guaranteed under international law."
About 70,000 children are currently homeschooled in Brazil, according to unofficial data from ANED.
International human rights law protects the rights of parents to choose their children's education, as stated in Article 26.3 of the Universal Declaration of Human Rights and Article 13 of the International Covenant on Economic, Social and Cultural Rights.
"I choose to homeschool my son because I believe this is what is best for him, and am committed to providing him with the best possible education," Cichelero's said in a statement. "Moreover, homeschooling ensures that I can impart our faith and values, which are so important to our family, to him on a daily basis — values that are consistently challenged and undermined in Brazil's public school system."
Cichelero, who also has a younger child, told The Gazeta do Povo newspaper that after she withdrew her son from the school, the school carried out an "active search." The case was forwarded to a tutelary council, which warned the mother that federal law required compulsory enrollment. The case was then forwarded to a state government agency.
The Home School Legal Defense Association has warned that several homeschooling families in Brazil have faced harsh government treatment in recent years since a decision by the Brazilian Supreme Court in 2018. The ruling stated that homeschooling doesn't conflict with the Constitution but that the federal government can regulate home education.
Earlier this month, a court in Chile acknowledged the rights of parents to decide how their children are educated, marking a significant change in Chilean educational policy.
In the landmark ruling, the Court of Appeals for San Miguel validated the choice of pursuing foreign-based homeschooling programs. The case involved a Chilean student's degree, earned via homeschooling through an international institution, not being recognized by the Chilean Ministry of Education.
The court affirmed that home-based education received and certified by a foreign institution operating under foreign law should be recognized for all legal purposes in Chile.
