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'Dutch Compulsory Education Act conflicts with children's rights'

Research

The current Dutch Compulsory Education Act (leerplichtwet) allows for exceptions that raise questions in practice. Under certain conditions, parents can claim an exemption from enrolment, including on the grounds of their religious or philosophical beliefs. According to Marieke Hopman (Assistant Professor within the International Law research department), the legislation conflicts with the child's right to education.

Compulsary school attendance

The current Compulsory Education Act dates back to the early twentieth century and has not been substantially updated since 1969. It is quite old, if you ask Hopman. “This law was introduced at a time when many children were factory workers and was intended to ensure that children would receive more education. By now, the law is hopelessly outdated and we think much more in terms of children's rights, but the right to education has never made it into our legislation. Legally speaking, the Compulsory Education Act is in conflict with European law.”

 

Exemption from enrolment

When a child is five years old, they are subject to compulsory education and must be enroled in school. In four cases, parents can apply to the truancy officer for an exemption from enrolment:

  1. The parents do not live in one place and lead a nomadic lifestyle;
  2. The child cannot attend school due to a physical or mental disability;
  3. The child attends school abroad;
  4. The school does not align with the parents' religious or philosophical views (religious beliefs).

No supervision in the case of an exemption based on religious beliefs

The exemption from compulsory education has been the subject of much discussion for over fifteen years, and there has recently been much debate regarding the constraint on religious affiliation. Hopman: "The article on constraint on religious affiliation originated from the political discussion about whether or not to separate education and religion. The various religious parties wanted children to be able to receive education in accordance with their own faith, and not another,” explains Hopman. “That is why Article 23, freedom of education, was included in the Dutch law, which states that ‘public education shall be regulated by law, with respect for everyone’s religion or belief’”.

In April 2025, the Netherlands Public Prosecution Service decided to no longer prosecute cases falling under objections to schools based on the parents' religious beliefs or worldview. The assessment framework used by truancy officers to evaluate these exemptions proved insufficiently clear, and the procedures turned out to be long and complex. Because there is no consistent approach, there is too little guidance for enforcement. “More recently, the Supreme Court ruled that a child has a right to education that is pluralistic, meaning based on multiple ideas and beliefs. Only if you can demonstrate that the school you wish to send your children to actually actively goes against your worldview can you object to that school.’

The situation is worrying, according to Hopman, because do children receive any education at all if they are kept at home? Is the education they receive of good quality? And is it safe at home? The government is currently not checking on that. Moreover, the child does not choose to be homeschooled; that is the decision of the parents. That is also a sensitive issue, because whose right carries the most weight here? “There have already been several cases regarding this at the European Court of Human Rights, concerning the right of parents to impose their own upbringing and religion on children. Their own worldview versus the state, which wants to do something with children and education,” explains Hopman. “In a number of cases, it has been said: yes, in that case, the child's right to education takes precedence over the extreme religious convictions of the parents.”

But in the Netherlands, there is no law regarding the right to education. “That is absurd. We agreed in Europe that children have a right to education, and the Dutch government is supposed to guarantee that; they signed up for it, and yet they simply do not. Current legislation even makes it possible to completely remove your child from society.”

 

How do our neighbours deal with it?

In Germany, it is not permitted at all to keep children out of school. Hopman: “The European Court once ruled there in a case concerning parents who kept a child at home and wanted to provide homeschooling due to religious beliefs. In that case, the state said: no, just go to school. The European Court sided with the state on that matter. In Belgium, homeschooling is subject to legal regulations. You receive a curriculum and have to take tests.” However, Hopman is not in favour of the Belgian example, except in exceptional cases, because homeschooling in the Dutch context also has a number of disadvantages for children, as her research shows.

 

Scrapping exemptions

According to Hopman, scrapping the exemption from compulsory education is the solution. “We must transform the Compulsory Education Act into a law based on the child’s right to education, where education can, in principle, take place at school. In exceptional cases, for example when a child is in the hospital or in prison, this must take place at another location. School is a community, and there you learn to function within a community. That is sometimes difficult, and there is a lot involved. But if you don’t learn that, how are you going to function in society for the rest of your life? You cannot redo school later.”

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