While we are campaigning for a secular Irish education system based on human rights law, you may wish to opt your child out of religious education classes in your current school. Here are some key facts that you will find helpful, and sample letters that you can use to tell your school that you want to opt your child out from religious education.
Primary Level
The Religious Education class in Denominational schools at primary level is religious instruction and formation. You have a Constitutional right under Article 44.2.4 of the Irish Constitution to remove your child from this class. No school has the right to force your child to take this class and they cannot make it a condition of access either. You have a Constitutional right to attend any school in receipt of state funding and opt your child out of the religious education class.
Second Level
The Religious Education class at second level comes under the curriculum and is supposed to be for all religions and none and is an exam course. This course disrespects the philosophical convictions of non-religious parents under Article 2 of Protocol 1 of the European Convention on Human Rights. The non-religious interpretation of life is merely acknowledged in passing in a section of the course alongside materialism and fundamentalism called ‘Challenges to faith’. The syllabus drawn up by the National Council for Curriculum and Assessment allows flexibility in regard to the actual presentation of its content according to particular Christian denominations and faith traditions.
In any school that has a religious ethos such as Denominational schools, VEC Community schools and VEC Designated Community Colleges the Board of Management has a legal right to teach this course through the lens of the Catholic Church. These schools can therefore combine the Religious Education course under the curriculum with the Guidelines for the faith formation and development of Catholic students. This course has elements of religious formation and is not delivered in an objective, critical and pluralistic manner which is a requirement of human rights law. Therefore no school can make this course compulsory and you have a right to opt your child out of the course as it breaches your human rights.
Religious Service
You can remove your child from any Religious Service or visit to Church nor can your child be forced to take part in any prayer service in the school or attend any prayer room.
Discrimination
Unfortunately you cannot opt out your child from Religious Education class without discrimination, despite the Constitutional right to attend any school in receipt of public funding. Schools are not obliged to supervise your child outside the Religious Education class or provide another subject for your child. These schools can also legally give preference to religious families in the event of a shortage of places in the school.
Ethos
The integrated curriculum (ethos) is a different matter and we are only dealing here with the opting children out of the specific religious education class in schools. It is impossible for any parent to opt their child out of the aspects of religious formation that are integrated into every subject under the curriculum and in the general milieu of the school.
Opting Out
It is a good idea to meet with the school to discuss opting your child out of the religious education class but you are not obliged to do so as you can deal with them in writing if preferred. Always ensure that any arrangements made with the school are put in writing.
The Right to Privacy
The European Court of Human Rights have linked the Human Right to education with the Human Right to respect for private and family life under Article 8 of the European Convention on Human Rights so you are not obliged to discuss with the school your philosophical convictions. They have no right to question you on what you do or do not believe in.
All the school is required to know is that you are exercising your Constitutional and Human Right to opt your child out of the Religious Education class and any religious service. No school has a right to discuss the matter of opting out of Religious Education Class or Service with your child. You can make clear to them in writing that they are not to discuss the matter with your child.
Sample Letters