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Summary: As one of its 16 “Concerns and
Recommendations”, the Committee of the
United Nations Convention on the Elimination
of Racial Discrimination 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.
ETEN NewsRelease 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 Committees 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.