| |
|
| |
Vol. 5 No. 3 - March 14th, 2005
UN Committee on the Elimination of Racial Discrimination Supports Educate Together’s Case for Government Support for Multi-denominational Education
On March 10th, The Committee of the United Nations Convention on the Elimination of Racial Discrimination issued its Concluding observations. As one of 16 “Concerns and Recommendations”, the committee supported the case put forward by Educate Together that the Irish State is violating the Convention as a result of its failure to ensure that there is the option of multi-denominational education available to all families.
The Committee's recommendation reads :
“The Committee, recognising the “intersectionality” of racial and religious discrimination, encourages the State party to promote the establishment of non-denominational and multi-denominational schools and to amend the existing legislative framework so that no discrimination may take place as far as the admission of pupils (of all religions) in schools is concerned”
This recommendation vindicates the case that Educate Together has been working on for many years. After a period of detailed research, Educate Together first presented this argument to the Oireachtas Joint Committee on Education and Science on July 3rd, 2003 and subsequently to the Minister of Education. In January 2005, Educate Together presented a formal submission to the UN Committee on the Elimination of Racial Discrimination in the context of the first review of the Irish State’s compliance with this Convention. Educate Together is now considering applying under the Convention on the Rights of the Child and is also considering presenting this case via the EU Human Rights Act.
The text of the case presented by Educate Together is available at the following web address
<http://www.educatetogether.ie/2_campaigns/humanrightsandirished.html>
Over the past 40 years, the legal situation in relation to rights of minorities in education has been clarified. In 1965, the Rules for National Schools were amended to recognise the denominational nature of the system. In 1971, the strict separation between literary and moral education and religious instruction was removed with the introduction of the “Integrated Curriculum”. In 1998, the Education Act set in legal stone the obligation of the Board of Management of a school to uphold the ethos of its patron. In 2000, the Education Welfare Act obliged a parent of a child to ensure that they attended a recognised programme of education. Also in those years, the Equal Status and Employment Equality Acts provided an exemption to allow denominational schools to discriminate on religious grounds.
Whilst these legal changes have brought many benefits in many areas, they have copperfastened the denominational nature of the primary education system in Ireland at a time of accelerating social change. Our population is now increasing and diversifying at a very rapid rate. For instance, in the Census of 2002, the largest single minority religious identity is now those of “No Religion” and all minority faiths have increased substantially. However, in 98% of cases, parents have no option but to send their children to a school that must in law uphold a specific religious ethos. This is causing increasing numbers of children and parents to attending schools that conflict their conscience. This is now creating a significant legal and human rights liability for the State. Having failed to ensure that there is an alternative, the State now finds itself open to the accusation that it is contravening its obligations under Article 42.3.1 of the Irish Constitution and a number of International Conventions and Treaties.
Article 42.3.1 of the Constitution states:-
“The State shall not oblige parents in violation of their conscience and lawful preference to send their children to schools established by the State, or to any particular type of school designated by the State.”
Educate Together is delighted to see that its reasoned position has been vindicated by the UN Committee for the Elimination of Racism. We are encouraged by the Committee’s refusal to consider racial discrimination in a narrow format and to recognise the “intersectionality” between racial and religious discrimination. There is now an urgent need for the Irish State to take action to provide real support for the planned development of a national network of multi-denominational schools.
Educate Together, in its representations to the Department of Education and Science, has argued for a pro-active approach towards multi-denominational education, the allocation of Department resources to this end and the incorporation of this objective into the National Development Plan. As an immediate measure, Educate Together is seeking a State grant to cover its current operating costs. Presently Educate Together has to operate on a State grant of €39,800 per year despite managing the fastest growing sector in Irish education and opening 7 of the 12 schools opened in the past two years.
ETEN - Educate Together Email Newsletter is published by Educate Together, the national representative organisation for multi-denominational education in Ireland. The views expressed in this publication are not necessarily the policy of Educate Together unless expressly stated.
Any non-commercial organisation is free to copy the contents of this newsletter as long as the source is attributed.
© Educate Together, 2005
|
|
