What is Race Discrimination in education?
Discrimination on the ‘race ground’ occurs where there is less favourable treatment of one person compared to another person because one person is of different race, colour, nationality or, ethnic or national origins than the other person.
Schools must not discriminate against a pupil or student because of their race in relation to:
- The admission or the terms or conditions of admission to the school
- Access to any course, facility or benefit at the school
- Any other terms or conditions of participation in the school
- Expulsion or any other punishment or penalty
What is disability discrimination in education?
Schools must not discriminate against a pupil or student because of their disability in relation to:
- The admission or the terms or conditions of admission to the school
- Access to any course, facility or benefit at the school
- Any other terms or conditions of participation in the school
- Expulsion or any other punishment or penalty
What is meant by schools?
Under the ESA, the term 'schools' include pre-school services, primary or post-primary schools, adult, continuing or further education and university or other third level institutions.
They include public and private educational establishments.
Who can you complain to?
Complaints under the Employment Equality Acts and the Equal Status Acts are made to the Workplace Relations Commission (WRC).
The WRC deals with claims related to employment and to services or goods, including education, housing, membership clubs and certain cases relating to pubs.
Note that there are very strict timeframes to complain.
What law protects you against discrimination in education?
The Equal Status Acts 2000-2018 (ESA) protect you from discrimination in education.
The ESA bans discrimination, harassment and sexual harassment when accessing education.
What rights do you have when accessing education?
Reasonable Accommodation
Schools must make ‘reasonable accommodation’ for students with a disability or special education needs.
Under a general policy of inclusiveness, students with disabilities or special education needs should go to mainstream schools, where possible. The law states that schools must do ‘all that is reasonable to accommodate the needs of a person with a disability’. This means schools must provide ‘reasonable accommodation’ (such as special treatment or facilities) that will enable a student with a disability to take part in education.
Making reasonable accommodation might involve, for example, providing assistive technology or sign language interpretation.
If a school fails to provide this reasonable accommodation for a child with a disability, it may amount to discrimination on the ground of disability.
Exceptions and Exemptions
There are some exceptions to the ESA relating to universities, third level or adult educational institutions
There are three general exemptions where universities, third level or adult educational institutions are allowed to treat people differently:
- Certain nationals of other countries
- Scholarships and other assistance
- Foreign exchange
Exemptions on the race (nationality) ground that apply to universities, third or higher level or, adult education.
The Equal Status Acts allow for the Minister for Education and Science to treat Irish citizens and EEA nationals differently compared to persons who are not, in relation to accessing education grants to assist persons who wish to attend universities, third level institutions and other adult education.
The Equal Status Acts allow for universities and other higher level institutions to treat Irish citizens and EEA nationals differently compared to persons who are not Irish citizens or EEA nationals in relation to admissions fees, attendance, and allocation of places.
Have you experienced discrimination for another reason?
Select the ground and area where you have experienced discrimination