Atheist Ireland on Draft Education Bill 2013

Michael Nugent

Atheist Ireland today made the following submission on the Draft General Scheme of an Education (Admission to Schools) Bill 2013.

Contents

1 Introduction
2 Executive Summary
3 Atheist Ireland Conclusions
4 Atheist Ireland Recommendations
5 Head 3 – Requirement that an Admission Policy states that the School will not Discriminate in Admission
6 Head 4 – Powers of the Minister to make Regulations in Relation to the Admission of Students to Schools
7 Concluding Observations of the UN on Access to Schools

8 Appendix: A Discriminating Education System: Religious Admission Policies in Irish Schools and International Human Rights Law (Published Research by Dr. Alison Mawhinney)
8.1 Abstract
8.2 Introduction
8.3 Religious admission policies and Irish law
8.4 Admission policies in practice
8.5 International human rights standards and religious admission policies
8.6 Justified discrimination or a human rights violation?
8.7 The views of UN supervisory bodies
8.8 Alison Mawhinney Conclusions

1. Introduction

1.1 Atheist Ireland is an Irish advocacy group. We promote atheism and reason over superstition and supernaturalism, and we promote an ethical, secular society where the State does not support or finance or give special treatment to any religion. You can read details of our policies on our website at http://atheist.ie. You can read details of our education policy on our dedicated website http://teachdontpreach.ie.

1.2 Since being formed in late 2008, we have campaigned against the Irish blasphemy law, campaigned for a secular Irish Constitution and a secular Irish education system, and lobbied political parties and candidates on secular policies. We have made Submissions to the United Nations and the Council of Europe and raised in particular the discrimination suffered by secular parents and their children in the Irish Education system.

2. Executive Summary

2.1 The proposed Amendment of Section 15 (2) (d) of the Education Act fails to meet the stated objective, which is to better ensure that schools’ enrolment policies and procedures are non-discriminatory and are applied fairly in respect of all applicants. It fails to take on board the human rights obligations of the state and the rights of secular parents to respect for their philosophical convictions.

2.2 If the proposed Amendment permitted exemptions on the grounds of race or disability you would instinctively recognise that this was discrimination and could not possibly meet the stated objective of ensuring that schools’ enrolment policies and procedure are non-discriminatory and are applied fairly in respect of all applicants. Unfortunately the State believes that discrimination on religious grounds is somehow acceptable while recognising that discrimination on the other recognised grounds is unacceptable.

2.3 This Submission will show that access to a local school without religious discrimination is a human right, and it will also show how Ireland is in breach of its international obligations by permitting this religious discrimination. It will show how this religious discrimination disrespects the philosophical convictions of secular parents and their children and treats them as second class citizens.

2.4 Included as an appendix to this Submission is published research of Dr. Alison Mawhinney called – A discriminating education system: religious admission policies in Irish schools and international human rights law.

2.5 This published research examines how

“Irish equality legislation permits discrimination in favour of co-religionists in admission policies to state-funded schools. This article examines whether Irish policies and practice in the area of pupil admissions meet and satisfy international human rights standards. In doing so it draws on material from interviews with parents and a survey to schools to provide an insight into how religious admission polices impact on the lives and rights of individuals. It concludes that by providing exemptions from equality legislation to religious schools, in a situation where these schools are in a near-monopolistic position, the Irish State is disregarding its responsibility to protect the right to non-discrimination, the right to education and the right to freedom of religion of those children and parents who do not adhere to the ethos of these religious bodies.”

2.6 Finally we recommend a change to the proposed Amendment in order to ensure that in a Republic all parents and children can enjoy their human rights by ensuring that schools’ enrolment policies and procedures are non-discriminatory and are applied fairly in respect of all applicants.

3. Conclusions

3.1 The Forum on Patronage and Pluralism has recommended that, “In order to clarify the constitutional and legal rights of children and parents and to reflect changes to the Rules for National Schools, the Advisory Group recommends that the Minister for Education and Skills should make schools aware of the human rights requirements of national and international law.

3.2 It is clear that the proposed legislation fails in its overall objective to ensure that school enrolment policies and procedures are non-discriminatory and are applied fairly in respect of all applicants. So called religious exemptions are in fact religious discrimination which breaches the human rights of minorities.

3.3 The UN has repeatedly requested the State to remove discriminatory admission policies in schools and to amend the existing legislative framework to eliminate discrimination in school admissions. The proposed amendment does not take into account the human rights of ALL parents and children in the education system. The State is absolving itself of its human rights obligations and delegating that responsibility to private bodies and institutions.

3.4 The European Court has stated that -

“Furthermore, while it is important to ensure that representatives of religious communities are allowed to give input and advice, this should not be taken to the extreme of giving them too much decision –making power at the cost of abdicating state responsibility. The European Court of Human Rights has made it clear that excessive involvement of religious authorities from one community in decisions that affect the rights of those belonging to another community may itself amount to a violation of the right to freedom of religion or belief.”1

4.5 The proposed Amendment is not reasonable and proportionate, breaches the human rights of minorities and fails to meet its stated objective. We have demonstrated that discrimination in access to education breaches human rights law. We are hoping that in this Republic any amendment to the Education Act 1998 will grant secular parents, and our children, equality before the law and equal protection of the law without discrimination of any kind.

4. Recommendations

4.1 Remove reference to the characteristic spirit of the school in Section 15 (2) (d) (i) of the proposed Amendment, so that it reads: ‘having regard to the constitutional and human rights of all persons concerned,’

4.2 Amend Section 15 (2) (d) (ii) (IX) to replace ‘the student having no faith’ with ‘the student’s atheism or philosophical beliefs.’ If people self-identify with atheism or a philosophical belief, that positive self-identification should be respected.

4.3 Delete Section 15 (2) (d) (iii) (iv), which includes in the admission statement a reference to the exemption in Section 7(3) (c) of the Equal Status Act, 2000 that allows religious schools to discriminate on the grounds of religion in admission policies.

4.4 Along with this Amendment, amend Section 7(3) (c) of the Equal Status Act, 2000, to remove the exemption that allows religious schools to discriminate on the grounds of religion in admission policies.

4.5 Amend Section 33 (m) (ii) (I), which states ‘set out the characteristic spirit of the school’ to read ‘define the characteristic spirit of the school, and specifically how any religious spirit or ethos is integrated into each subject of the State Curriculum.’

4.6 Amend Section 33 (m) (ii) (II), which states that the admission policy of a school shall set out the position of the school in relation to its arrangements for upholding the constitutional rights of any students who do not wish to attend religious instruction. This should include a requirement that religious education should be be taught as a discrete subject, in order to enable students to opt out in practice as opposed to just in theory.

You can read the full submission here.

Dubbug

All very fine. But when are the atheists, who you represent, going to cough up? You know... Like Protestants and Catholics have done down through the years.

MrPudding

Dubbug wrote: »

All very fine. But when are the atheists, who you represent, going to cough up? You know... Like Protestants and Catholics have done down through the years.

Hey crucamim, good to see you back.

To answer your question, it's called tax. Even we filthy atheists pay it.

MrP