Brazilian Mother Denied Right to Homeschool Despite International Law 

    • Brazilian state court ruled against Regiane Cichelero, a mother who sought to homeschool her son. 
        
    • ADF International decries the decision as a violation of international human rights law protecting parental rights in education.

Santa Catarina, BRAZIL (September 4, 2025) — The highest court in the state of Santa Catarina denied the right of Brazilian mother Regiane Cichelero to homeschool her son, ruling that he must be enrolled in an officially accredited school. The decision also upholds financial penalties against her, totaling around $20,000 USD. Regiane will appeal the decision and bring the case to the highest court in the nation. 

“This decision is a disappointing setback for parental rights in Brazil. International human rights law is clear: parents have the right to choose the kind of education their children receive. By deciding that Regiane cannot homeschool her son, the court has not only failed her family but also undermined protections for all parents across Brazil"

- Julio Pohl, Legal Counsel for Latin America at ADF International

“This decision is a disappointing setback for parental rights in Brazil,” said Julio Pohl, legal counsel for Latin America at ADF International, which coordinated Cichelero’s legal defense. “International human rights law is clear: parents have the right to choose the kind of education their children receive. By deciding that Regiane cannot homeschool her son, the court has not only failed her family but also undermined protections for all parents across Brazil.” 

Cichelero began homeschooling her son in 2020 after schools closed during the COVID-19 pandemic. When schools reopened, she chose to continue home education, believing it to be the best way to provide quality instruction consistent with her family’s religious values. 

In response, local authorities fined her heavily and threatened to remove her son from her custody if she did not comply with state schooling mandates. With today’s ruling, the court has rejected her appeal and imposed compulsory school enrollment. 

Background

Over 70,000 children are currently homeschooled in Brazil. International human rights law protects the rights of parents to make choices concerning the type of education their children receive. 

Article 26.3 of the Universal Declaration of Human Rights states that “parents have a prior right to choose the kind of education that shall be given to their children.” In addition, Article 13 of the International Covenant on Economic, Social and Cultural Rights requires states to respect the right of parents “to choose for their children schools, other than those established by the public authorities, which conform to such minimum educational standards as may be laid down or approved by the State and to ensure the religious and moral education of their children in conformity with their own convictions.” 

Following today’s decision, Cichelero said: “It is heartbreaking to be told that I cannot provide my son with the education I know is best for him. The state’s decision not only punishes me with heavy fines but also strip me of the ability to raise my child according to my convictions. No parent should have to fear punishment for choosing the best education for their child.” 

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European Legal Expert to U.S. Congress: “Protect Free Speech from European Censorship”

    • International free speech expert warns U.S. lawmakers that Europe’s Digital Services Act (DSA) threatens American free speech and risks establishing a worldwide online censorship regime.
    • ADF International is committed to challenging violations of free speech resulting from the DSA and building critical momentum to repeal or substantially reform this censorial framework.

WASHINGTON, D.C. – In a testimony before Congress, Lorcán Price, Legal Counsel with ADF International and an Irish barrister, warned that Europe’s Digital Services Act (DSA) threatens free speech far beyond the EU. Speaking before the House Judiciary Committee, chaired by Rep. Jim Jordan (R-OH), he said the law could force large online platforms to censor peaceful expression, putting free speech at risk in America and worldwide.

“What is happening in Europe is as Vice President Vance said in Munich, a ‘serious retreat from a fundamental value’- free speech,” Price said in his testimony. “It’s a sign that our European political elite has lost control of the narrative, and the Digital Services Act is part of a system of censorship in an increasing, desperate attempt to control narratives and suppress growing public discontent.”

“What is happening in Europe is as Vice President Vance said in Munich, a ‘serious retreat from a fundamental value’ - free speech. It’s a sign that our European political elite has lost control of the narrative, and the Digital Services Act is part of a system of censorship in an increasing, desperate attempt to control narratives and suppress growing public discontent."

- Lorcán Price, Legal Counsel with ADF International

The hearing comes at a critical moment as concern grows over free speech in Europe and recent pushback from the Trump administration against European online censorship. One year ago, while campaigning for president, Trump himself was threatened with censorship under the DSA leading up to an X interview with Elon Musk.

The hearing at the U.S. Congress takes place just months before the European Commission’s first DSA review in November 2025, yet the almost no details on the process or who will be involved.

In his testimony, Price warned that without oversight, the DSA’s broad powers could become entrenched and exported worldwide, influencing how tech companies control speech far beyond Europe.

Price warned that Europe’s growing offenses against free speech could easily enter the US under the DSA’s provisions. He cited a string of censorship attempts in Europe, including the case of Paivi Rasanen, a Finnish Parliamentarian who has endured over six years of prosecution for tweeting a Bible verse. MP Nigel Farage also testified at the hearing.

“Under the DSA, what happens in Europe won’t stay in Europe,” Price said. “The internet is global. If American policymakers don’t push back against the DSA model, the same speech restrictions now emerging in Europe will be imported here.“

What is the Digital Services Act?

The European Union’s Digital Services Act (DSA) was passed in 2022 and came into full effect in 2025, introducing sweeping regulations on online platforms. While presented as a framework for online safety, it gives the European Commission, the EU’s top executive arm, broad power to oversee what content remains online on very large platforms.

On July 1, 2025, the DSA’s “Code of Conduct on Disinformation” went into effect. The code requires platforms to monitor content and swiftly remove anything deemed as “disinformation” under EU law. The law also relies on “trusted flaggers,” including NGOs and regulators, while the Commission maintains oversight of the entire system. Platforms can face fines of up to 6% of their global revenue if they fail to comply, creating strong incentives for broad preemptive censorship of users.

Although the DSA is an EU law, its reach is global. Because these large online platforms operate worldwide, anyone, anywhere, faces the risk of having their content blocked or removed to comply with the DSA. This includes Americans, whose online posts could be censored even if protected under U.S. constitutional law.

ADF International has been at the forefront of sounding the alarm about this sweeping legislation, pushing back against online censorship and defending the fundamental right to free expression.

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