Human Rights and Irish Education

Educate Together is campaigning for structural change in the Irish primary education system under a number of different headings:

Council of Europe Framework Convention for the Protection of National Minorities (FCNM)

Educate Together believes that the education system contradicts the spirit and provisions of this legally-binding Convention. In August 2005 we submitted a Shadow Report to the Council of Europe in Strasbourg to coincide with the Ireland's second State Report due in September 2005. A Resolution on Ireland's performance under this Convention issued from the Advisory Committee on 30 October 2006 (ACFC/OP/II(2006)007). In this Second Opinion on Ireland one of their Recomendations was:

"100. The Advisory Committee urges the authorities to pursue their commitment to widen schooling options, including in terms of non-denominational and multi-denominational schools, in a manner that ensures that the school system reflects the growing cultural and religious diversity of the country"

United Nations Convention on the Rights of the Child

As a member of the Childrens Rights Alliance, Educate Together participated in the drafting of 'From Rhetoric to Rights- the Second Shadow report to the United Nations Committee on the Rights of the Child'. This shadow report was presented to the United Nations Committee on the Convention on the Rights of the Childin March 2006. The report was published in June of the same year. In September 2006 the Committee made the following observations on this report which are relevant to Educate Together's work:

"60. The Committee reiterates the concern raised by the Committee on the Elimination of Racial Discrimination (CERD/C/IRLCO/2) that non-denominational or multi-denominational schools represent less than 1 per cent of the total number of primary education facilities.

61. The Committee encourages the State party to take fully into consideration the reccommendations made by the Committee on the Elimination of Racial Discrimination (CERD/C/IRL/CO/2, , para. 18) which encourages the promotion of the establishment of non-denominational or multi-denominational schools and to amend the existing legislative framework to eliminate discrimination in school admissions "

This was another postive response to Educate Together's campaign for Human Rights in Irish Education.

Irish Human Rights Commission

On March 16th 2005, Educate Together met with the President of the Irish Human Rights Commission (IHRC), Maurice Manning. Following that meeting Educate Together submitted a case statement to the IHRC outlining our concerns and highlightling the State's legal obligations to support multi-denominational schools. Discussions with the IHRC are ongoing in this matter.

United Nations Convention on the Elimination of All Forms of Racial Discrimination

On March 2nd & 3rd 2005, Educate Together attended the 66th session of the United Nations Committee on the Elimination of All Forms of Racial Discrimination (CERD) in Geneva. Educate Together argued that in failing to provide a national network of schools that provide equality of access and esteem to all children in Ireland, the Irish government is failing in it's undertakings under this Convention. Educate Together submitted a Shadow Report to the Committee and also participated in the NGO Alliance Shadow Report. Further information is available in our Newsletter ETEN0502 .

On March 11th, the UN CERD Committee issued their Concluding Observations and Recommendations to Ireland. Included is a strong statement of support for Educate Together. Please see the corresponding Newsletter ETEN0503 and press release. The Official minutes and full Recommendations of the CERD Committee can be accessed through the main UN website.

 

International Standards
(by no means exhaustive)

Universal Declaration of Human Rights (1948)

“Parents have a prior right to choose the kind of education that shall be given to their children”

Article 13 International Covenant on Economic, Social and Cultural Rights

“The States parties to the present Covenant undertake to have respect for the liberty 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.”

Article 18 International Covenant on Civil and Political Rights

“The States Parties to the present Covenant undertake to have respect for the liberty of parents…to ensure the religious and moral education of their children in conformity with their own convictions.”

European Convention on Human Rights (ECHR) (1952), entry into force in Ireland 2003

First Protocol to the Convention for the Protection of Human Rights and Fundamental Freedoms, Article 2

“No person shall be denied the right to education.  In the exercise of any functions which it assumes in relation to education and to teaching, the State shall respect the right of parents to ensure such education and teaching in conformity with their own religious and philosophical convictions.”

UNESCO Convention against Discrimination in Education (1960)

Article 5 “The States Parties to this Convention agree that:

(a) Education shall be directed to the full development of the human personality and to the strengthening of respect for human rights and fundamental freedoms; it shall promote understanding, tolerance and friendship among all nations, racial or religious groups, and shall further the activities of the United Nations for the maintenance of peace. 

(b) It is essential to respect the liberty of parents…firstly to choose for their children institutions other than those maintained by the public authorities …and, secondly, to ensure…the religious and moral education of the children in conformity with their own convictions; and no person or group of persons should be compelled to receive religious instruction inconsistent with his or their conviction

United Nations Convention on the Elimination of All Forms of Racial Discrimination (CERD) (1969), entry into force in Ireland, 2000

Article 2 1 (a) "Each State party undertakes to engage in no act or practice of racial discrimination against persons, groups of persons or insitutions and to ensure that all public authorities and public institutions, national and local, shall act in conformity with this obligation"

Article 2 1 (c) "Each State Party shall take effecitve measures to review governmental, national and local policies, and to amend, rescind or nullify any laws and regulations which have the effect of creating or perpetuating racial discrimination wherever it exists"

Article 2 1 (e) "Each State Party undertakes to encourage, where appropriate, integrationist multiracial organisations and movements and other means of eliminating barriers between races, and to discourage anything which tends to strengthen racial division.

Article 5 "...States Parties undertake to prohibt and to eliminate racial discrimination in all its forms and to guarantee the right of everyone...to equality before the law, notably in the enjoyment of the following rights: (d) (vii) the right to freedom of opinion and expression"

Article 7 "States Parties undertake to adopt immediate and effective measures, particularly in the fields of teaching, education, culture and information, with a view to combating prejudices which lead to racial discrimination and to promoting understanding, tolerance and friendship among nations and racial or ethnical groups, as well as to propagating the purposes and principles of the Charter of the United Nations, the Universal Declaration of Human Rights, the United Nations Declaration on the Elimination of All Froms of Racial Discrimination and this Convention"

Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief, General Assembly Resolution 36/55 of 25 November 1981

Considering that religion or belief, for anyone who professes either, is one of the fundamental elements in his conception of life and that freedom of religion or belief should be fully respected and guaranteed,

Article 2

1. No one shall be subject to discrimination by any State, institution, group of persons, or person on the grounds of religion or other belief.

2. For the purposes of the present Declaration, the expression "intolerance and discrimination based on religion or belief" means any distinction, exclusion, restriction or preference based on religion or belief and having as its purpose or as its effect nullification or impairment of the recognition, enjoyment or exercise of human rights and fundamental freedoms on an equal basis.

Article 5

2. Every child shall enjoy the right to have access to education in the matter of religion or belief in accordance with the wishes of his parents or, as the case may be, legal guardians, and shall not be compelled to receive teaching on religion or belief against the wishes of his parents or legal guardians, the best interests of the child being the guiding principle.

3. The child shall be protected from any form of discrimination on the ground of religion or belief. He shall be brought up in a spirit of understanding, tolerance, friendship among peoples, peace and universal brotherhood, respect for freedom of religion or belief of others, and in full consciousness that his energy and talents should be devoted to the service of his fellow men.

United Nations Convention on the Rights of the Child (1989) ratified by Ireland (1992)

Article 29.1 “State parties agree that the education of the child shall be directed to:

(a) The development of the child's personality, talents and mental and physical abilities to their fullest potential;

(b) The development of respect for human rights and fundamental freedoms, and for the principles enshrined in the Charter of the United Nations:

(c) The development of respect of the child's parents, his or her own cultural identity, language and values, for the national values of the country in which the child is living, the country from where he or she may originate, and for civilizations different from his or her own;

(d) The preparation of the child for a responsible life in a free society, in the spirit of understanding, peace, tolerance, equality of sexes and friendship among all peoples, ethnic, national and religious and persons of indigenous origin;

(e)The development of respect for the natural environmant.

Council of Europe Framework Convention for the Protection of National Minorities (1995) ratified by Ireland (1999)

Article 6.1 “The Parties shall encourage a spirit of tolerance and intercultural dialogue and take effective measures to promote mutual respect and understanding and co-operation among all persons living on their territory, in particular in the fields of education, culture and the media.

National Standards

Bunreacht na hÉireann (1937)

Article 42.3.1 “ 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.

Article 42.3.2 “The State shall, however, as guardian of the common good, require in view of actual conditions that the children receive a certain minimum education, moral, intellectual and social.

Article 42.4 “ The State shall provide for free primary education and shall endeavour to supplement and give reasonable aid to private and corporate educational initiative, and, when the public good requires it, provide other educational facilities or institutions with due regard, however for the rights of parents, especially in the matter of religious and moral formation.

Good Friday Agreement/Belfast Agreement (1998)

Article 9 “…In addition the Irish Government will continue to take further active steps to demonstrate its respect for the different traditions in the island of Ireland.