“THE INCLUSIVE SCHOOL”
INTO LGBT TEACHERS GROUP
10th Anniversary Conference
Marker Hotel, Dublin
22nd November 2014
Ivana Bacik
INTRODUCTION

Context for discussion on primary education:

National School system 1831

Right to education – Article 42, 1937 Constitution

Role of religion emphasised even in Education Article

Article 42.3.1:

“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.”
ROLE OF RELIGION IN EDUCATION (1)
 Article
 “The
42.4, Constitution:
State shall provide for free primary education and
shall endeavour to supplement and give reasonable aid
to private and corporate educational initiative, and, when
the public good requires it, provide other educational
facilities or institutions with due regard, however, for the
rights of parents, especially in the matter of religious and
moral formation.”
ROLE OF RELIGION IN EDUCATION (2)

Article 44.2.4:
 “Legislation
providing State aid for schools shall not
discriminate between schools under the
management of different religious denominations,
nor be such as to affect prejudicially the right of any
child to attend a school receiving public money
without attending religious instruction at that
school.”
DENOMINATIONAL STRUCTURE OF EDUCATION
Education Act 1998 – role of ‘patron’
 3,200 national schools approx

 96%
denominational
 90% Catholic
Only 74 multi-denominational primary schools
under Educate Together
 O’Keeffe v. Ireland, ECHR, 28.1.2014

 “unique”
nature of Irish education system
PERVASIVE EFFECT WITHIN SCHOOLS

Article 42.3.3:
“a certain minimum education, moral, intellectual and
social”
 SO – a national primary curriculum, revised 1999

Right not to attend religious instruction (44.2.4)
 BUT (INTO, 2004):


“Religious pictures and icons are displayed in the
school halls and corridors and all classrooms have
some religious symbol such as a crucifix or statue.
Many classrooms have an altar that is used for prayer
services during the year.”
RELIGIOUS INSTRUCTION IN THE CURRICULUM

RULE 68:
 “Of
all parts of the school curriculum religious
instruction is by far the most important…Religious
instruction is, therefore, a fundamental part of the
school course, and a religious spirit should inform
and vivify the whole work of the school.”

BUT: Article 14, International Convention on the
Rights of the Child:
 “parties
shall respect the right of the child to
freedom of thought, conscience and religion.”
PERMISSION TO DISCRIMINATE?
Thus, under existing equality law, schools may discriminate in
respect of pupils:

Equal Status Act 2000, section 7(3) – not
discrimination:

“(c) where the establishment is a school providing primary
or post-primary education to students and the objective of
the school is to provide education in an environment which
promotes certain religious values, it admits persons of a
particular religious denomination in preference to others or
it refuses to admit as a student a person who is not of that
denomination and, in the case of a refusal, it is proved that
the refusal is essential to maintain the ethos of the
school…”
AND THEY MAY DISCRIMINATE IN RESPECT OF
TEACHERS…




Section 37(1), Employment Equality Act 1998
“A religious, educational or medical institution which is under
the direction or control of a body established for religious
purposes or whose objectives include the provision of services
in an environment which promotes certain religious values shall
not be taken to discriminate against a person.. if
(a) it gives more favourable treatment, on the religion ground,
to an employee or a prospective employee over that person
where it is reasonable to do so in order to maintain the
religious ethos of the institution, or
(b) it takes action which is reasonably necessary to prevent an
employee or a prospective employee from undermining the
religious ethos of the institution.”
EFFECT OF SECTION 37(1)

It enshrines in law the Eileen Flynn case
 Flynn

v. Power [1985] ILRM 336
Lack of clarity on definition of ‘religious ethos’
 Greater

It creates a ‘chilling effect’ for teachers
 Despite

scope for potential discrimination
lack of litigation – effect very real
Strong campaign for repeal/amendment
 Teachers’
unions, civil liberties & LBGT groups
 Programme for Government 2011
REFORM OF SECTION 37(1)
Employment Equality (Amendment) (No 2) Bill
2013, private members’ bill supported by Gov
 Second stage, Seanad, 13 March 2013
 Committee stage, 9 & 16 April 2014
 April 2014 – IHREC consultation paper

Other jurisdictions have similar provisions
 EU law & constitutional considerations
 Legal advice: amendment preferable to deletion

Gov amendments now promised
 Committee stage to resume in Seanad

THE FUTURE – GENERAL CHANGES?
Many critiques of denominational structures
 Eg IHRC, Religion and Education: a Human
Rights Perspective (2011):

 The
State “should ensure that there is a diversity of
provision of school type within educational
catchment areas throughout the State which
reflects the diversity of religious and non-religious
convictions represented in the State”.
NATIONAL FORUM ON PATRONAGE &
PLURALISM IN THE PRIMARY SECTOR

April 2012, Report of Forum

Recommendations around Transformation/Divestment
from Catholic to multi-denominational patronage
June 2012, Minister’s response
 December 2012, Surveys of 5 areas


(Arklow, Castlebar, Tramore, Trim, Whitehall)
April 2013, Survey of 38 further areas
 September 2014, first divestment –


Portobello ETNS.org , Dublin 8
THE INCLUSIVE SCHOOL?