Ahead of the Dáil debate on the Education (Admission to Schools) Bill 2016, the Irish Human Rights and Equality Commission (“the Commission”) has published its recommendations, warning that further action is needed to ensure that access to schools avoids discrimination.
The Commission has also focused, following on from their work through to the Supreme Court as an amicus curiae (friend of the court) in the pivotal Stokes Case, on the need to ensure that the children of Travellers, immigrants and people with disabilities must not be excluded through the use of preferential existing connections-based criteria by schools.
The detailed submission from the Irish Human Rights and Equality Commission, which has been delivered to the Minister for Education and Skills, and Members of the Education and Skills Committee brings forward eight recommendations within four overarching themes:
- Religion as a criterion for admission.
- Religion in school after admission.
- How previous connections to the school are dealt with as a criterion for admission.
- And ensuring admission is based on the principle of the best interests of the child.
Speaking today, Emily Logan, Chief Commissioner of the Irish Human Rights and Equality Commission stated:
“We have made this submission as we believe that this Bill can make a significant contribution towards the stated aims of schools’ legislation in relation to equality and the inclusion of all children.”
Chief Commissioner Emily Logan went on to state: “We have been clear in our submission that the current Bill as set out, contains provisions, which give rise to concerns from an equality and human rights perspective. We are calling on the Minister for Education and Oireachtas Members to work to ensure that the final Act provides for equality for students in accessing our education system and respects and accommodates diversity.”
The recommendations have been made by the Irish Human Rights and Equality Commission under their statutory mandate to review draft legislation to make sure it meets with human rights and equality standards, and to inform policy makers where legislation has implications for promoting and protecting human rights and equality in Ireland.
ENDS/
For further information, please contact:
Brian Dawson, IHREC Communications Manager,
01 8589601 / 087 0697095
bdawson@ihrec.ie
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Notes to editor:
The full submission of the Irish Human Rights and Equality Commission to the Education (Admission to Schools) Bill 2016 is available at the following link: https://www.ihrec.ie/documents/observations-education-admission-schools-bill-2016/
IHREC Amicus Curiae Submission: Mary Stokes v. Christian Brothers High School Clonmel & Ors https://www.ihrec.ie/documents/mary-stokes-v-christian-brothers-high-school-clonmel-ors-13-dec-2012/
The eight Commission recommendations set out in the submission are synopsised as follows:
- The Equal Status Act be amended to give effect to the principle that no child should be given preferential access to a publicly funded school on the basis of their religion. [paragraph 49]
- The new section 62(6) to be inserted into the Education Act should be amended so that, in setting out the characteristic spirit and general objectives of the school, outside the specific context of faith formation and religious instruction which parents wish to avail of and where exemptions apply, regard shall be had to providing information in relation to religion in an objective, critical and pluralistic manner that avoids indoctrination. [paragraph 83]
- The Bill should set down minimum standards in relation to the nature of exemptions for students who do not want to attend religious instruction. [paragraph 84]
- The new section 62(6) to be inserted into the Education Act should be amended so that in setting out the characteristic spirit and general objectives of the school, the school shall ensure that the values of an inclusive school that respects and accommodates diversity across all nine discrimination grounds in the equality legislation are respected. [paragraph 85]
- The forthcoming amendment should prohibit the use of a connection with a former student of the school as a criterion in the admission of a student. [paragraph 94]
- The wording of the new sections 66(2) and 66(4) that are to be inserted into the Education Act be amended to ensure that the best interest of the child is the primary standard to which the National Council for Special Education (NCSE) or the Child and Family Agency, shall have regard in both making a designation and making a decision not to designate a school. [paragraph 98]
- The new Section 66 be amended to permit a parent to make an appeal when a school has been designated by the Child and Family Agency or the NCSE when the parent believes that the designation is not in the best interest of the child or failed to take account of the wishes of the child. [paragraph 99]
- The Bill should be amended to provide that Appeals Committees provided for in the new section 66 be required to apply the best interest of the child as the primary consideration in assessing an appeal, and that they be required to take account of the wishes of the child. [paragraph 100]
Irish Human Rights and Equality Commission (IHREC)
The Irish Human Rights and Equality Commission (IHREC) was set up on 1 November 2014 as an independent public body to protect and promote human rights and equality in Ireland and build a culture of respect for human rights, equality and intercultural understanding across Irish society. The Irish Human Rights and Equality Act 2014 sets out the functions of the Commission, i.e. to ensure that:
- there is respect for, and protection of, everyone’s human rights;
- there is respect for the dignity and worth of each person;
- a person’s ability to achieve their potential is not limited by prejudice, discrimination, or neglect;
- everyone has a fair and equal opportunity to take part in the economic, political, social or cultural life of the State; and
- people respect each other, respect equality and human rights, and understand the value of diversity within society
The IHREC is Ireland’s national human rights institution and is recognized as such by the United Nations.