Parents can be prosecuted for keeping homeschooling kids over religious convictions
The Dutch Public Prosecution Service is considering resuming criminal prosecutions of parents who keep children out of school for religious or ideological reasons, following a Supreme Court ruling that significantly tightened rules on exemptions from compulsory education and called for stronger enforcement, including criminal prosecution when deemed necessary, NOS reported.
In the Netherlands, parents can seek exemptions from compulsory schooling if they believe there is no nearby school that aligns with their religious or philosophical beliefs. The Supreme Court ruled last month that exemptions from compulsory education for public schooling are now only allowed in exceptional cases. The court also said authorities are expected to actively enforce compulsory schooling when children are not receiving education, “if necessary through criminal legal means.”
A spokesperson for the prosecution service told RTL that the agency does intend to act on the ruling. “The OM is in discussions about this with the legislator and various cooperation partners.”
The move marks a reversal from last year, when prosecutors stopped pursuing such cases because of what they described as insufficient legal clarity and inconsistent court rulings on exemption requests.
The ruling has immediate consequences for local authorities. In The Hague, officials previously announced that more than 100 children currently receiving home-based education due to ideological objections will be required to return to school after the summer break.
The municipality said parents can no longer rely on exemption claims if a public school is available within a reasonable distance. Education alderman Hilbert Bredemeijer said earlier that many of these children are “out of sight,” noting that the education inspectorate does not supervise them at home.
The Association for Home Education stated, "Our response remains the same as earlier this week: we advocate for home education in law, with a suitable form of oversight.”
Official figures show that in 2024, more than 2,100 children were granted exemptions from compulsory schooling due to so-called direction-based objections. In about 60 cases, those exemptions ultimately led to criminal proceedings.
