Legal opinion: Isle of Man home education proposals breach human rights

After a successful crowdfunding campaign, a legal opinion has been obtained on proposed legislation in the Isle of Man that would substantially interfere with the human rights of home educating families.

It can be accessed here [pdf download]

Douglas-based counsel at Quinn Legal has concluded that:

…as drafted, the Key Proposals set out above do not comply with Article 8(1), Article 9(1) or Article 14 of the ECHR. Available options to challenge any alleged breach of Convention rights, within the Bill, would include: (a) seeking to amend the Bill, prior to, or during, its consideration in Tynwald; or (b) if the Bill were to be enacted as drafted, for any person directly affected, claiming that he or she is or would be a “victim” of the alleged unlawful act, to bring proceedings against the DESC, under section 7(1) of the HRA, seeking a declaration of incompatibility (under section 4(2)). 

Listen to Tristram Llewellyn-Jones highlighting home educators’ concerns on Manx Radio.

HSLDA: British Homeschoolers Under Criminal Law Threat

HE Byte: Isle of Man Education Bill 2019

UK bill proposing similarly draconian measures threatening the freedoms of home educators in England was recently withdrawn and new guidance is proposed, which must also comply with the ECHR.


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