Dear ...

I wish to exercise my Constitutional Right under Article 44.2.4 for my child to not attend Religious instruction classes.

Section 30 – 2 (e) of the Education Act 1998 reads: “Without prejudice to the generality of subsection (1), the Minister – shall not require any student to attend instruction in any subject which is contrary to the conscience of the parent of the student or, in the case of a student who has reached the age of 18 years, the student.”
Rule 69 – 2(a) of the Rules for National schools states that:- “No pupil shall receive, or be present at, any religious instruction of which his parents or guardians disapprove”
As the Religion class, religious formation and religious services are contrary to my conscience, I wish to ensure that (child’s name) does not attend. Please confirm this in writing and please do not discuss this matter with my child.
Schools that provide religious instruction must also put the detailed arrangements for those not attending in their Admission Policies as per Section 62(7)(n) Education (Admissions) to Schools Act 2018).
The provision commenced on 1st February 2020 and requires schools to:-
(i) put in place arrangements for students wishing to not attend religious instruction, (ii) to ensure that those arrangements do not result in a reduction of the school day, and (iii) that such arrangements are documented.
I/We would also like to point out that under GDPR requirements there is no need for any school to ask our religious affiliation or whether we have any religious affiliation. There is also a requirement not to put us in a position where we would have to reveal our convictions in order to ensure our child does not attend religion classes.
Please let us know the suprvision arrangements for my child outside the religion class.

Yours faithfully,

Dear ...

II wish to exercise my Constitutional rights under Articles 44.2.4, Article 42.1 to ensure my child does not attend any religious teaching, celebrations and any teaching that is against my conscience and that I disapprove of.

Section 30 – 2 (e) of the Education Act 1998 reads: “Without prejudice to the generality of subsection (1), the Minister – shall not require any student to attend instruction in any subject which is contrary to the conscience of the parent of the student or, in the case of a student who has reached the age of 18 years, the student.”

Rule 69 – 2(a) of the Rules for National schools states that:-

“No pupil shall receive, or be present at, any religious instruction of which his parents or guardians disapprove”

As the Goodness Me Goodness You Course is against my conscience, I wish to ensure that (child’s name) does not attend this course and any celebrations connected with the course. Please confirm this in writing and I would ask you not to discuss this with my child.

I/We would also like to point out that under GDPR requirements there is no need for any school to ask our religious affiliation or whether we have any religious affiliation. There is also a requirement not to put us in a position where we would have to reveal our convictions in order to opt out our child.

Yours faithfully,

Dear ...
I wish to exercise my Constitutional Right under Article 44.2.4 for my child not to attend any religious classes and any religious services or worship.
Article 44.2.4 of th Contitution guarantees this right and Section 30 – 2 (e) of the Education Act 1998 reads: “Without prejudice to the generality of subsection (1), the Minister – shall not require any student to attend instruction in any subject which is contrary to the conscience of the parent of the student or, in the case of a student who has reached the age of 18 years, the student.”

As the NCCA Religious Education course is contrary to my conscience I wish to opt (child’s name) out of this course. A recent Legal Opinion (attached) states that:-

“47. First, Article 44.2.4° simply refers to “religious instruction.” Accordingly, if a course is religious instruction, the right is engaged. Article 44.2.4° says nothing whatsoever about religious instruction relating to one religion only. No such qualification is found within Article 44.2.4°. In the context of a family of an atheist perspective, it appears that it would be impermissible to refuse an opt out by arguing that the course in question relates to more than one religion.”

Please confirm this in writing and I would ask you not to discuss this matter with my child.

Schools that provide religious instruction must also put the detailed arrangements for those not attending in their Admission Policies as per Section 62-7(n) of the Education (Admission) to Schools Act 2018.

I would also like to refer you to Circular Letter M19/1999 issued by the Department of Education in relation to the NCCA Religious Education Course. This Circular Letter was issued when the subject was introduced in second level schools.

This Circular Letter clearly states that the subject is optional. For your information here is a link to that Circular Letter

I/We would also like to point out that under GDPR requirements there is no need for any school to ask our religious affiliation or whether we have any religious affiliation. There is also a requirement not to put us in a position where we would have to reveal our convictions in order for our child to not attend religious instruction.

Yours faithfully,