Dail Question by Clare Daly, Socialist Party

Posted on April 4, 2012 by Jane Donnelly

Clare Daly, Socialist Party TD for Dublin North asked the Minister for Education Ruairi Quinn about the classification of schools. Apparently in Ireland there is a distinction between the classifications of schools by the Department on the basis of the ethos of the schools as against that of the governance structures of the schools. This means that a school could have a religious ethos but the Government can tell the UN that it is non-denominational. An example of this is Designated Community Colleges at second level. These schools are under the full patronage of the VEC but operate a religious ethos.

One of the Recommendations of the Irish Human Rights Commission in their report last year is that the state should define legally the terms non-denominational, denominational, multi-denominational and interdenominational.

Uimhir:199
Ceist Pharlaiminte
Chun an Aire Oideachais agus Eolaíoctha
To the Minister for Education and Science

To ask the Minister for Education and Skills the reason Ireland mislead the UN
Human Rights Committee by rejecting the request to eliminate religious
education on the grounds that there are a growing number of non-denominational
schools, when in fact there are no non-denominational schools registered with
the Department..
- Clare Daly.

* For WRITTEN answer on Tuesday, 27th March, 2012.
Reference Number: 16523/12
Freagra
Minister Ruairí Quinn

I wish to assure the Deputy that Ireland did not mislead the UN Human Rights
Committee in any way in relation to this matter.

The UNHRC request in question related to the elimination of religious
discrimination in access to education. Ireland did not accept this. There is a
growing non-denominational school sector in Ireland, particularly at primary
level. These schools cater for all pupils and there is no denominational
involvement in their governance. The existing system of school admissions is
currently under review, and issues of access are being considered as part of
that review process. Religious groups are free to establish their own schools
to cater for members of their particular faith. This religious freedom is a
core element in our system at primary and secondary level.

I would like to clarify for the Deputy that there is a distinction between the
classification of schools by the Department on the basis of the ethos of the
schools as against that of the governance structures of the schools.

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Hibernia College / Dail question from Clare Daly TD

Posted on March 26, 2012 by Jane Donnelly

Clare Daly, Socialist Party TD Dublin North asked a Dail question on Hibernia College and the extreme offence that their religion module caused in the atheist community.

Uimhir:209

Ceist Pharlaiminte

Chun an Aire Oideachais agus Eolaíoctha

To the Minister for Education and Science

To ask the Minister for Education and Skills if he will inquire with the HigherEducation and Training Awards Council if, and if so, the reason, it approved the religion module in the higher diploma in arts in primary education in a college (details supplied) which contained statements that have caused extreme offence in the atheist community; and if he will make a statement on the matter.

- Clare Daly.

Hibernia College

* For WRITTEN answer on Tuesday, 13th March, 2012.

Reference Number: 14128/12

Freagra

Minister Ruairí Quinn

I am aware of the issue that the Deputy has raised. The content of course curricula in higher education institutes is a matter for the providers themselves. I understand that the college in question has met with representatives of Atheist Ireland in recent days to discuss the issues raised by the Deputy.

HETAC validates programmes of education and training leading to its awards. As part of the validation process, a panel examines and satisfies itself of the programme content. Programmes are subject to on-going quality assurance reviews.

In relation to the primary school curriculum, while religion is recognised as a curricular area, the content of the religious curriculum is a matter for the patron of each school. As the Deputy is aware, the vast majority of primary schools in Ireland have religious patronage, and this is reflected in the course content and teaching practice placements provided in programmes of primary initial teacher education.  The aim of these programmes is to provide the school system with an adequate number of teachers who have the necessary qualifications, skills and knowledge to teach the prescribed curriculum in all settings.

All teacher education programmes in Ireland that lead to registration must have current professional accreditation, which is the statutory responsibility of the Teaching Council. Professional accreditation is a judgement as to whether a programme prepares one for entry into the profession. In accordance with Section 38 of the Teaching Council Act 2001, the Council is empowered to review and professionally accredit programmes of initial teacher education and procedures are in place for this purpose. Accordingly, I have brought the matter to the attention of the Council for its consideration and I understandthat it is making contact with the college concerned.

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Religious education in an objective, critical and pluralistic manner.

Posted on March 25, 2012 by Jane Donnelly

One of the General Principles of the European Court of Human Rights is that the State must take care that the curriculum in schools is delivered in an objective, critical and pluralistic manner. Whether you live in Finland, Poland or Ireland it is your human right to opt out your children from any Religious education that is not conveyed in an objective, critical and pluralistic manner. This human right comes under Article II of Protocol 1 (the right to education) of the European Convention. The Irish State takes no care to ensure that the curriculum in schools is delivered in an objective, crticial and pluralistic manner as it cedes control of the education system to private bodies and institutions. In Ireland those parents that seek secular education for their children are denied their human rights.

“The second sentence of Article 2 (P1-2) implies on the other hand that the State, in fulfilling the functions assumed by it in regard to education and teaching, must take care that information or knowledge included in the curriculum is conveyed in an objective, critical and pluralistic manner. The State is forbidden to pursue an aim of indoctrination that might be considered as not respecting parents’ religious and philosophical convictions. That is the limit that must not be exceeded.

Such an interpretation is consistent at one and the same time with the first sentence of Article 2 of the Protocol (P1-2), with Articles 8 to 10 (art. 8, art. 9, art. 10) of the Convention and with the general spirit of the Convention itself, an instrument designed to maintain and promote the ideals and values of a democratic society.”

http://www.humanrights.is/the-human-rights-project/humanrightscasesandmaterials/cases/regionalcases/europeancourtofhumanrights/nr/548

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Religion and ethics in a neutral and objective way

Posted on March 24, 2012 by Jane Donnelly

“6. The Committee is of the view that article 18.4 permits public school instruction in subjects such as the general history of religions and ethics if it is given in a neutral and objective way. The liberty of parents or legal guardians to ensure that their children receive a religious and moral education in conformity with their own convictions, set forth in article 18.4, is related to the guarantees of the freedom to teach a religion or belief stated in article 18.1. The Committee notes that public education that includes instruction in a particular religion or belief is inconsistent with article 18.4 unless provision is made for non-discriminatory exemptions or alternatives that would accommodate the wishes of parents and guardians.”

http://www.unhchr.ch/tbs/doc.nsf/0/6187ce3dc0091758c1256f7000526973?Opendocument

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UN Covenant on Civil & Political Rights. Initial recommendations of Atheist Ireland

Posted on February 10, 2012 by Jane Donnelly

10th February 2012

Obligations of the State under the UN Covenant on Civil and Political Rights.

The obligations of the Covenant in general and Article 2 in particular are binding on every State Party as a whole.  Non-discrimination under Article 2 of the Covenant together with equality before the law and equal protection of the law without any discrimination, constitute a basic and general principle relating to the protection of human rights.  Article 26 of the Covenant provides that all persons are equal before the law and are entitled to equal protection of the law without discrimination, and that the law shall guarantee to all persons equal and effective protection against discrimination on any of the enumerated grounds.

While Article 2 limits the scope of the rights to be protected against discrimination to those provided for in the Covenant, Article 26 does not specify such limitations. Article 26 provides that all persons are equal before the law and are entitled to equal protection of the law without discrimination, and that the law shall guarantee to all persons equal and effective protection against discrimination on any of the enumerated grounds. Article 26 does not merely duplicate the guarantee already provided for in Article 2 but provides in itself an autonomous right. It prohibits discrimination in law or in fact in any field regulated and protected by public authorities. Continue reading →

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13 December, 2007 – Minister Hanafin announces new Community National Schools for two Dublin locations – Responding to diverse needs of changing society –

Posted on January 21, 2012 by Jane Donnelly

The New VEC Community Schools are Inter-denominational in character. Inter-denominational schools are Christian schools. These schools operate a religious integratred curriculum and are not legally obliged to deliver the curriculum in an objective, critical and pluralistic manner.

Press Release 13th December 2007 – Department Education and Skills.

“The Minister for Education and Science, Mary Hanafin T.D, today announced that a new State model of community national school, under the patronage of County Dublin Vocational Education Committee (VEC), is to be piloted in two locations from September 2008 It is intended that the new schools will be opened in the Phoenix Park and in Phibblestown, Dublin 15. A further school, Scoil Choilm in Diswellstown, Dublin 15, which opened under the temporary patronage of the Catholic Church in September 2007, is to transition to the new community national school model after a two year period.

Announcing details of the two new schools, Minister Hanafin said “the new schools will be open to children of all religions and none. They will be inter-denominational in character, aiming to provide for religious education and faith formation during the school day for each of the main faith groups represented. A general ethics programme will also be available for children whose parents opt for that and the schools will operate through an ethos of inclusiveness and respect for all beliefs, both religious and non-religious.”

The Minister said the new model has been developed following a period of consultation with all of the main education partners and church groups. As in the primary school system generally, the schools will operate under the management of an independent Board of Management. The VEC will be represented on the Board of Management, as patron, and will provide practical management supports to the school.  Arrangements will also be in place to enable the VEC to meet its general financial accountability responsibilities.

Minister Hanafin indicated that she will now be bringing proposals to Government to provide necessary amending legislation to underpin the VEC role in the primary sector. The Minister will act as interim patron in advance of the legislation being enacted. She said that arrangements will be put in place to monitor the operation of the pilot and that the experience drawn will be applied to any future roll-out.

“I am delighted that the consultations on this new model of school patronage have indicated widespread positive support for it in principle. In introducing it in two new locations from next September, with a third location to come on stream after a two year period, we will be able to test a range of practical implementation challenges and draw good lessons for its long-term success.

The changing shape of Irish society places new demands on the education system in responding to the needs of emerging communities. The role of the traditional churches in managing and providing schools is enormously valued and appreciated as is the growing role of other patronage bodies. In many of our new communities, however, there is a need for an additional choice that can accommodate the diverse preferences of parents for varying forms of religious education and faith formation during the school day, in a single school environment that includes and respects children of all religions and none. This new model of community national school provides that option and can be a rich tradition to the range of primary school provision already offered by the existing patronage bodies” the Minister concluded” Continue reading →

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The Catholic Church secured a crucial pledge from Education Minister Batt O’Keeffe

Posted on January 10, 2012 by Jane Donnelly

http://www.independent.ie/lifestyle/education/latest-news/new-schools-to-give-communion-lessons-during-classtimes-1537124.html

Continue reading →

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Bishops meet Minister for Education Batt O’Keeffe

Posted on January 10, 2012 by Jane Donnelly

http://www.catholicbishops.ie/2008/11/12/bishops-meet-minister-education-science-batt-okeeffe-td/ Continue reading →

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Atheist Ireland response to the interim report of the Forum on Patronage and Pluralism

Posted on December 1, 2011 by Michael Nugent

Ensuring Effective Remedies for an Objective, Critical and Pluralistic Secular Education

This is the response from Atheist Ireland to the interim report of the Forum on Patronage and Pluralism, submitted on 1 December 2011. The Forum is to send its final report to the Minister for Education by the end of December.

Contents

1. Overview
2. The right to an effective remedy
3. The religious integrated curriculum 4. Religious Education (ERB)
5. Opting out
6. The right to private and family life 7. Access to schools
8. Conclusion

1. Overview

1.1 We have four overriding recommendations for the final report.

1.2 * To comply with your terms of reference, your advice must be stronger and must be enforceable. You are mandated to advise on how best to “ensure” that certain outcomes can happen, not simply on how best to make those outcomes more likely.i

1.3 * The final report must include effective remedies that enable parents and students to vindicate in practice and law their right to ensure that the education of their children is in conformity with their convictions, as enshrined in Human Rights treaties and based on rulings of the European Court of Human Rights.

1.4 * Whatever their model of patronage, the State must ensure that all schools convey all parts of the curriculum in an “objective, critical and pluralistic manner”, as recommended by the Irish Human Rights Commission, as enshrined in the Toledo Guiding Principles, and as ruled on by the ECHR.

1.5 * Ensuring “a sufficiently diverse number and range of primary schools catering for all religions and none” must in practice ensure that secular non-denominational schools are widely available in all regions of the State, as noted by the United Nations Human Rights Committee.

1.6 We also make other specific recommendations throughout this response, including on ERB, opting out, the right to private and family life and access to schools.

1.7 The interim report fails to vindicate the human right of parents who want their children educated in conformity with secular convictions.

1.8 The European Convention obliges the State to respect the right of parents to ensure that the education and teaching of their children is “in conformity with their own religious and philosophical convictions” (Article 2 of Protocol 1).ii The ECHR has stated that the secular viewpoint is worthy of respect in a democratic society, and must be regarded as a “philosophical conviction” within the meaning of the Convention. iii

1.9 The European Court of Human Rights has said this obligation on the State:

(a) presupposes that the parents’ choice between public and private education be respected, and also that teaching be neutral. iv

(b) is binding upon the State in the exercise of “each and every” function that it undertakes in the sphere of education and teaching. The State cannot absolve itself from responsibility by delegating its obligations to private bodies or individuals.v The State must provide itself with the means of efficiently establishing and punishing violations. vi

1.10 The Forum does not seem to appreciate the obligation to respect secularism as a legitimate philosophical conviction.

1.11 The opening presentation explicitly disrespected a core secular belief, in a way that we suspect you would not even consider disrespecting any religious beliefs, by describing the suggested removal of crucifixes in classrooms as “sensationalist nonsense”.vii

1.12 The right to a classroom free of religious symbols is central to mainstream secularism, and is not an extremist position. The European Court of Human Rights upheld this right in Italy as protecting freedom of conscience. This was overturned on appeal, citing the otherwise secular nature of Italian state schools. viii The situation is different in Ireland, where we do not have secular state schools to counterbalance the influence of symbols.

1.13 We ask you to reconsider this issue, resisting any preconceptions that it is “sensationalist nonsense”. Please clarify that you have fully considered it as a legitimate proposal, and explain in this context the reasoning behind whatever you advise about it.

1.14 The interim report’s domestic appeals mechanism will not enforce the substance of Convention rights.

1.15 It has not yet been determined whether schools governed by the Education Act 1998 are “organs of the state”ix for the purposes of the European Convention on Human Rights Act 2004. If they are not, then the interim report’s domestic appeals mechanism will not enforce the substance of Convention rights. This also raises issues with regard to Article 42.3.1 of the Irish Constitution and the compatibility of the education system with Ireland’s human rights obligations. x There is no legal aid for these matters and the prohibitive costs of legal action against the state are a deterrent to parents.

1.16 Any appeals mechanism must guarantee that the investigation and remedy is in accordance with the European Convention in practice and in law. xi The European Convention is intended to guarantee not rights that are theoretical or illusory but rights that are practical and effective (Article 6, 13 EC). xii

Continue reading →

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Submission to the Government Report under the International Covenant on Economic, Social and Cultural Rights.

Posted on November 13, 2011 by Jane Donnelly

Atheist Ireland cannot understand how on the one hand religious education fits into the evangelising mission of the Catholic Church and on the other hand, it is not an effort to convert their children to Catholicism when that education is not delivered in an objective, critical and pluralistic manner and does not respect the philosophical convictions of non- religious parents. In addition the course is not in compliance with the Toledo Guiding Principles as the Holy See has rejected these human rights based principles.

Continue reading →

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