by Joel Thornton

Created on: April 17, 2009

Courts are hard to figure out. That is true in America; it is even truer in Europe. One of the problems with the European Court system, especially the international courts, is that they are very politically oriented. There are a number of reasons for this sensitivity to the politics of the European Union and the Council of Europe. These reasons lay the foundation for why the European Court of Human Rights ("ECHR") refuses to hear a variety of cases; the most conspicuous of these cases is the German Home School cases.

There have been literally dozens of home school cases brought to the attention of the ECHR. The closest the court has come to looking at the cases is the Konrad case where the court issued a couple of pages praising the German courts and their thorough look at the case before the ECHR refused to hear the case. Typically the court issues a couple of sentences declaring that they do not find an issue worthy of their time.

Upon this pallet we look at the reasons for this consistent refusal to enter into an area of the law that is extremely straightforward. Parents have the right to control the education of their children guaranteed by the German Constitution and the European Convention on Human Rights. Furthermore, both instruments guarantee the right to freedom of conscience and freedom of religion.

I have talked with people throughout Europe and Germany seeking answers to the questions of why the Germans fear home schooling so much and why the courts will not provide a fair hearing on the issue.

Here is what I have learned as to the ECHR.

In the fall of 2000 I was at a reception in Strasbourg, France, the home of the ECHR. At this reception were members of the European Parliament and justices from the ECHR. The Clerk of the Court was also present. During the course of the evening I was able to speak with the lady who was the clerk, she shared with me the greatest fear the court had at the time.

The court, she explained, was fighting to keep its budget in tact from the Council of Europe. At the time there were budget cuts going throughout the governments of Europe. Many were declaring that the ECHR had outlived its usefulness and could easily be cut out of the budget.

This fear alone is enough to create tension on the court when decisions are being made involving countries with great political and financial influence in the European Union and the Council of Europe. Those countries are Germany, France, and England.

These three countries provide the

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