Atheist Ireland is continuing to engage with the ETBI regarding the human rights of families in ETB schools.
The following is some of the content of our recent letter to the ETBI. We hope to continue to engage with the ETBI to ensure our human rights are guaranteed and protected in all ETB schools.
ETBs, like all Patron bodies, claim that their Patron’s Framework, and courses that reflect their ethos, are for children from all backgrounds, are inclusive, and promote diversity.
The key legal points here are:
(a) Section 30.2(e) of the Education Act 1998 gives parents the right to remove their child from anything that is against their conscience.
(b) It is not up to Patron bodies to decide on the conscience of parents.
(c) As it stands, no Patron body claims that its ethos is objective, critical, and pluralistic and in accordance with Article 2 of Protocol 1 of the European Convention.
(d) Patron bodies have not ratified the European Convention. The State has, and it does not guarantee, in the Education Act 1998, access to an objective, critical, and pluralistic education.
(e) As there is no access to an objective, critical and pluralistic education and teaching, non-discriminatory exemptions must be put in place to reflect Article 2 of Protocol 1 of the European Convention.
We believe that the GMGY course breaches our human rights under Article 2 of Protocol 1 of the European Convention, and that we have a right to exempt our children from it.
The recent Supreme Court case in the UK stated that:
“116. A factor to be taken into account in determining whether there is a breach of A2P1 is whether there is a right to withdraw JR87 from religious education and collective worship without placing an undue burden on her parents. If the right of withdrawal is capable of placing an undue burden on them, then their rights and the rights of JR87 under A2P1 read with article 9 ECHR would be theoretical and illusory rather than practical and effective.”
On foot of this, the Department of Education in Northern Ireland has put in place non-discriminatory exemptions. They have issued a letter to all schools.
We hope this is of assistance in putting in place a human rights based exemption process from the GMGY course. School Inspectors in Northern Ireland will also ensure that the exemption process is non-discriminatory (Para 107 JR87 UK Supreme Court).
Putting in place non-discriminatory exemptions would also be in accordance with the ETB’s public sector duty under Section 42 of the Irish Human rights and Equality Commission Act 2014.
The GMGY course is not an objective, course about religions and beliefs. It is the ETBs Patron’s programme that reflects the ‘Characteristic Spirit’ of the CNS that is based on its multi-denominational designation, it is not part of the state curriculum, (Section 30-2-d Education Act 1998).
There is a right under Article 2 of Protocol 1 of the European Convention for every child to have access to an objective, critical and pluralistic education. That right is not legally guaranteed in Community National Schools or indeed any ETB schools at primary or second level. This is a General Principle of the European Court and was the key legal issue in the UK Supreme Court
case on religion in Northern Ireland schools, which stated that:
“103. First, in relation to the major principle at (h) above, the judge, at para 60(viii), drew no distinction between: (a) indoctrination; and (b) the State conveying information or knowledge in a manner which was not objective, critical, and pluralistic.”
The Religious Education course in Northern Ireland schools is being redeveloped to ensure it is objective, critical and pluralistic and in accordance with Article 2 of Protocol 1 of the European Convention. It will also be inspected by School Inspectors to ensure it is being taught in an objective, critical, and pluralistic manner in accordance with the UK Supreme Court judgement.
School Inspectors here in the Republic do not inspect the GMGY Patron’s programme to ensure that it is objective, critical and pluralistic and in accordance with Article 2 of Protocol 1 of the European Convention.
In Burke v. Minister for Education (2023), Justice Whelan of the Court of Appeal confirmed that the Education Act 1998 must be interpreted compatibly with Convention obligations. Justice Whelan stated that:
“2.(1) In interpreting and applying any statutory provision or rule of law, a court shall, in so far as possible, subject to the rules of law relating to such interpretation and application, do so in a manner compatible with the State’s obligations under the Convention provisions.
Thus in interpreting the obligations of the Board pursuant to the Education Act 1998 (as amended) regard must be had to the terms of the Convention.”
Our children have a right to an objective, critical and pluralistic education. This human rights based education and teaching should be inspected by School Inspectors to ensure it is in accordance with Article 2 of Protocol 1 of the European Convention. As that is not possible in Community National schools, the ETBs should put in place non-discriminatory exemptions that are in accordance with human rights law.
You might also like to read our Submission to the Oireachtas Committee on the Implementation of the Good Friday Agreement. Under the Agreement there is a comparable level of human rights, north and south.