Swedish officials still may have to face the music for their decision back in 2009 to “state-nap” a 7-year-old boy from his parents for being homeschooled and put him into permanent state custody.
But they are now in the middle of another battle over homeschooling, this time with a Swedish-American couple who insist that both Swedish and international human rights laws allow them to teach their daughter at home.
The Swedish government’s seizure of 7-year-old Dominic Johansson from a jetliner as his parents were set to leave for India has drawn worldwide attention. It sparked a global outcry among human rights activists and home educators, and the Home School Legal Defense Association and the Alliance Defending Freedom have gone to the European Court of Human Rights to challenge Sweden’s actions.
Numerous experts and attorneys have described the Johansson case as a brazen example of “state-napping.”
Now, with the Johansson case pending, Swedish authorities have taken on a fight with Ellinor and Daniel Petersen, a Swedish-American couple who in their own court filings have appealed to Swedish and international human rights laws.
They say it is Sweden’s duty to allow them to educate their elementary-age daughter according to their convictions at home.
HSLDA said it is helping Swedish parents who want their children to be educated outside of school.
The organization reported that after Dominic Johansson was “state-napped” in 2009, the nation adopted new laws that allow homeschooling only under “extraordinary circumstances.”
Only three years ago, an orthodox Jewish family won a homeschooling case in Sweden at the appeals court level, but they were quickly slapped back down by the Swedish Supreme Court.
It is that court that now is facing the same question again.
According to the HSLDA, in their appeal to the Swedish Supreme Court, the Petersens argue that “the court’s application of this narrow portion of legislative history conflicts with the larger intent and purpose of Swedish school law, as well as Sweden’s international human rights obligations.”
“The family applied to local authorities as required by law at the beginning of the school year but were told they could not homeschool because there were no extraordinary circumstances. The family has countered by insisting that Swedish courts have ignored important human rights treaties. Daniel Petersen says that Sweden has an obligation to uphold the European Convention of Human Rights which parliament made part of Swedish law in 1995.”
Petersen, in a report by HSLDA, said, it is “commendable that Sweden strives for ‘comprehensive and objective’ education in school, but for the Swedish courts to use this claim as grounds for the denial of a fundamental human right is untenable and violates Sweden’s obligations under the European Convention of Human Rights and other human rights norms that expressly protect the parents prior right to choose their children’s education according to their own convictions.”
“Human rights cannot be arbitrarily taken away, neither can the state decide when to ‘allow’ such rights to be exercised; they are fundamental and inalienable for all human beings. If Sweden wants to live up to the title ‘champion of human rights,’ then it’s time for the authorities to loosen their grip and let Sweden’s parents take back what is rightfully ours.”
Eillinor Peterson told HSDLA: “My daughter is both American and Swedish. She needs to be brought up in a bilingual environment and also learn about the world with two cultural perspectives. This is difficult to achieve in a Swedish school. We also wish to empower our daughter to be actively engaged in directing her learning. The Swedish school law has a vision for students being able to receive individualized instruction, to reach as far as they are able – and that the students have influence over their education. We completely agree. In our case, this is best met with education outside of school.”
HSLDA Director for Global Outreach Michael Donnelly said Sweden appears to have successfully banished all homeschoolers from its shores.
“Sweden presents an extraordinarily difficult environment for homeschooling families – I don’t know of any who still remain there,” said Donnelly. “Tragically, Swedish courts allow Swedish officials to get away with arbitrary decisions like this – mostly, I think, because homeschoolers are such a small minority with little political influence. That doesn’t change the fact Swedish authorities are clearly violating fundamental human rights by denying parents the right to homeschool.”
An example is Jonas Himmelstrand, president-in-exile of the National Association for Swedish Homeschoolers. Himmelstrand and his family fled because of the government crackdown on homeschooling.
“My family left Sweden in 2012 on recommendation of the local Child Protective Services who explicitly told me that we were not safe to continue homeschooling in Sweden. Also we were fined over $15,000 for homeschooling our daughter the 2010-2011 school year,” he said.
“The legislative history of the new law says that homeschooling isn’t needed because schools are supposed to be objective and comprehensive – but what if people disagree with the values taught by the Swedish national curriculum? And what if they just believe that homeschooling is a better way for their children? That is the whole point of respecting parental convictions in education – so that children can be taught in accordance with the wishes of their parents – who know them best. I hope that this new case inspires the court to more carefully consider our school law.”
In the Johansson case, legal experts have said Swedish officials violated multiple human rights enshrined in international treaties to which the Swedish government is a party, including the right of parents to direct the education of their children, family life, due process and travel.
“The seizure of the child without a valid court order, from a plane he was lawfully entitled to be on, the detention by the state in foster care with virtually zero contact with his family and finally the termination of parental rights is a clear violation of international human rights standards,” HSLDA Founder and Chairman Michael Farris, who holds a master of law degree in public international law from the University of London, said at the time the case was developing.
Dominic’s parents, Christer and Annie, found their family targeted after a dispute over homeschooling with local officials. When the family tried to leave Sweden in 2009 for India, the mother’s homeland, armed police stormed the plane and abducted young Dominic without a warrant or court order.
Eventually, the courts moved permanent custody of Dominic from his parents to the state.
Swedish officials have repeatedly refused to comment to WND and other media outlets about the case, citing privacy laws.
