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State Publication highlights discrimination in
Irish educational system - 29th September 2003
Educate Together welcomes the publication of the
"Schools and the Equal Status Act" document published
today by the Department of Education and Science and the Equality
Authority.
This document will be a useful guide to schools
preparing policies in the coming years. It will enable schools
to make significant strides forward in ensuring the inclusion
of all children by guaranteeing equality on grounds of gender,
family status, sexual orientation, age, disability, race and membership
of the Traveller community.
However, it is very unclear how this document
will enable schools to address the on-going issue of religious
discrimination in the Irish primary education system.
The document highlights the inadequacy of the provisions
of the Equal Status Act. Educational Institutions are still exempt
from the rigours of the Act and are allowed to discriminate in
favour of children of specific religions in their enrolment policy.
They can also discriminate on religious grounds in their selection
of staff.
The document refers to “the inclusive school”
but it is difficult to see how a school that allows itself to
discriminate on grounds of religion can indeed be inclusive.
Whilst a case can be made that such discrimination
is necessary to ensure a particular religious ethos, the rights
of parents and families must be brought to the fore. The rights
of teachers to work in an environment in which their religious
freedoms are respected must also be addressed.
While 99% of all Irish primary schools are denominational
schools and legally obliged to uphold the religious ethos of their
patrons, it is unacceptable that children of the vast majority
of families have no choice but to attend a school that asserts
its religious identity in this way.
The rights of the minority of Irish parents who
do not describe themselves as members of the main religious community
are being ignored in this situation. Recent Census figures alone
show that the percentage of people in this category is 12% and
rapidly growing.
It is unacceptable that the State continues
to avoid it responsibility for this situation. It violates many
international conventions on human rights and directly contradicts
Article 42 of the Constitution of Ireland.
"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 schools operate under a Charter
that obliges them in law to ensure that all children have equal
access to the school irrespective of their social, cultural or
religious background. This legally defined ethos guarantees that
the identity of all children is equally respected in all aspects
of school life. Our schools have unilaterally declared that they
will honour in full all the requirements of the Equal Status Act(2000)
and the Employment Equality Act(1998) and will not seek any derogation
on religious grounds either in relation to enrolment policy, operational
procedures or in the selection of staff.
We call on the Minister for Education and Science
to ensure that schools that give such undertakings are available
as a choice to all Irish parents.
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