Family education in a comparative legal perspective

Institute of Legislation and Comparative Law under the Government of the Russian Federation, Moscow, Russia

^* Corresponding author: sayanabb@gmail.com

Abstract

Due to its specific character, family education is not the main direction of development for either foreign or domestic educational systems. However, the transition from the educational paradigm of an industrial society to the educational paradigm of a post-industrial society leads to an inevitable change in the goals of education and upbringing, their motives, forms, methods, etc. In modern society, family education makes it possible to provide qualitatively new opportunities for the socialization of the individual, due to the receipt of individualized, free education that ensures a person’s self-realization. In addition, family education may be preferable to other forms of education in the context of the exponential growth of information and communication technologies, which made it possible to predict its development in the future. Alternative forms of education, including elements of distance and family education were in great demand in connection with the COVID-19 coronavirus infection pandemic. All the above actualizes the problems of family education, including the issues of its legal regulation. The research aims to study the experience of legal regulation of obtaining family education in foreign countries with the aim of its reception in Russian legislation. To achieve this goal, the article considered several areas that are of fundamental importance for the normal functioning of the family education such as the implementation of the parents’ right to choose the form of education, the control over the quality of education received, setting the requirements for compliance with established educational programs and standards, financial support and other material participation of the state in providing education received in the family form, as well as sanctions for violation of the norms of educational legislation on family education. The article concludes that family education is not a fundamental right, but qualifies as an acceptable form of education. The organization of family education in different countries proceeds from the balance of interests of the child, the parents, and the society as the main principle of the legal regulation of family education.