And The Lesson Today

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90203429Journalist Carol Hunt. 11/12/ 2015. Picture by Fergal Phillips.

 

From top: Children and parents of Portobello Educate Together demonstrate outside Leinster House for the need of a new multi-denominational school; Carol Hunt.

Legislation which contradicts the constitution is being used up and down the country in order to discriminate against children on the basis of religion.

Carol Hunt writes:

A quick legal lesson – In the hierarchy of Irish laws constitutional law always supersedes legislative law. That’s pretty easy to understand, isn’t it?

The highest law in the land is our constitution and all other laws are derived from it. That’s why the President can refer a piece of legislation to the Supreme Court if they’re not sure that it’s in line with the constitution.

Which is why I’m confused. And seemingly, so are a lot of other people in the country – particularly parents who are trying to get their children places in their local schools.

You see, Article 44 of our constitution guarantees religious equality for all Irish citizens. In particular, it states:

“[3] The State shall not impose any disabilities or make any discrimination on the grounds of religious profession, belief or status.”

That’s pretty self-explanatory, isn’t it?

It means that the State, and one presumes, state-funded organisations that are providing services on behalf of the State, cannot discriminate against people on the grounds of their religious beliefs. One would assume that includes children also.

Children are people too, and they are entitled to the full protection of the law. In fact in Ireland even unborn children are entitled to their own, state-funded legal team. Which is why so many of us are confused. Because legislation which contradicts the constitution is currently being used up and down the country in order to discriminate against children on the basis of religion.

Under 7(3)(c) of the Equal Status Act 2000 schools under religious patronage can give preference to children of the relevant denomination in the enrolment process. In short, what this means is that state-funded schools can refuse to enroll local children if their “religious values” are at odds with the ethos of the school.

In addition, Rule 68 of the Rules for National Schools 1965 insists on an “integrated curriculum” of religious values which makes opting out of religious instruction impossible.

What this means in practice is that, if you want to get your child into a local primary school – nearly 97% of them are under Catholic patronage – you will need to have them baptised into the Catholic faith and they will have to attend religious instruction in that faith, during school hours.

As the mother of two, non religious children, I have experience of the frustration and anger parents can experience when your child has no school to go to. Of when your child is refused admission to their local school because they haven’t got a piece of paper saying they are a member of the “right” church.

I’ve spent hours, days, months – what sometimes seemed like eternity – investigating the issues involved, studying the constitution and legislation, writing letters of complaint and appeal and eventually, of desperation. In short, I begged.

One of my children managed to gain admittance to a local school without a baptismal cert – for which we were very grateful, and consequently accepted the hours of catechism in a religion she didn’t belong to with placid tolerance. The other eventually got a place in an Educate Together school – a very long bus journey away, but well worth it.

More and more Irish parents – of all religions and none – are coming up against the baptismal barrier.

Last month, our Minister for Children, Dr. James Reilly, told the United Nations Committee on the Rights of the Child:

“Our school system evolved from the religious orders themselves and so it’s not surprising that we have such a preponderance of denominational schools with 95 per cent of primary and 70 per cent of secondary schools of a denominational nature.”

This isn’t quite true though. The National School system introduced in 1831 was a non-denominational one meant to bring together children of all faiths.

The original objective was to “unite in one system children of different creeds”. But then the churches put pressure on governments to allow them to take over and discriminate on the basis of religion.

Seemingly, that’s all about to change though. The government told the UN that “the ongoing Patronage Divestment process creates greater primary school choice for parents”.

Which would be great – except for the fact that it’s not true.

Only two schools so far have been successfully divested. The Catholic Church is clinging on with gritted teeth to its power base in the country, and the government seems loath to confront them on it.

This has to change. We live in a democracy – not a theocracy. And by allowing this religious discrimination to continue we’re making a mockery of our constitution.

Carol Hunt is an Independent Alliance candidate for the Dun Laoghaire constituency. Follow Carol on Twitter: @carolmhunt

Pics: Rollingnews, Fergal Philips

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49 thoughts on “And The Lesson Today

  1. ollie

    “Legislation which contradicts the constitution is being used up and down the country in order to discriminate against children on the basis of religion.”
    20% of schools used religion as a basis for admission. If there were enough places this wouldn’t be an issue. Direct your ire towards our government who pushed €43,000,000,000 of private bank debt on to the taxpayer.
    Maybe an article on the history of educate together, it’s founding members and their political beliefs? It would make some reading.

    1. Clampers Outside!

      Yawn… can we stop with the bankster waffle for a bit and put ones argument’s energy into something more productive.
      We ALL know that the banks got blah, blah, and rabbiting on about it as a feckin automated response to everything is just fupping tired and useless at this point!

      Thanks, I’ll have a lie down now.

      1. ollie

        lack of money for sufficient school places, how come?
        Like it or not, forcing bank debt on citizens was one of the biggest corporate crimes in the world, describing it as waffle is dumb.
        Rant over

    2. PaddyIrishMan

      Why don’t you tell us about the history of Educate Together and its founders as it is clear you are aware of some deep dark secret. As opposed to just trying to damage an organisation and its founders’ reputations with that ridiculous post.

    3. Kieran NYC

      I knew it was the bankers. Even when it was the systemic stranglehold of the church on Ireland for the last few hundred years, I knew it was the banking crisis that happened in 2008.

  2. DubLoony

    “The Catholic Church is clinging on with gritted teeth to its power base in the country, and the government seems loath to confront them on it.”

    Its parents who have to vote for it.

    1. Leela2011

      true and it won’t happen overnight because some parents don’t want their local school to change, even if they’re not very religious themselves

  3. Ultravox

    Where are the Portobello Educate Together-Vote-Ivana-Coffee-in-Cake-Shop-Vote-YEx brigade with the local Griffith Barracks school admissions policy that discriminates against newcomers?

    Nowhere.

    Full of it. A journalist of course.

    FOAD.

      1. Medium Sized C

        Not really much point, seeing as the moron just claimed that these people are “full of it”
        because they didn’t address a single specific school case amongst thousands.

  4. Kieran

    Carol, you mentioned children born and unborn. I hope to remember the unborn as you and many others plan to delete Article eight of our constitution. You can’t have your cake here and eat it.

    1. DaithiG

      Actually she can!
      If you believe public schools should be allowed to discriminate based on religion, then campaign for removal of Article 44.

        1. Delacaravanio

          They take public money, though. And our tax euros shouldn’t be furthering a discriminatory agenda just because it’s always been that way.

    2. DaithiG

      Also, I haven’t heard her, or many others for that matter, asking for Ghaeilge to be removed as our national and 1st language.

      Know your articles from your amendments before posing straw-men opinions.

  5. newsjustin

    “Only two schools so far have been successfully divested. The Catholic Church is clinging on with gritted teeth to its power base in the country….”

    It’s generally parents that have derailed suggestions for specific divestment. Shockingly, many parents really, really like catholic schools.

    And on the constitutional matter, the author should be aware that there is more than one clause in the constitution.

    1. Jaden

      I don’t think I’ve ever come across a parent who specifically wanted a school to remain a Catholic one.
      Source: Parent of several children, multiple schools.

      1. ollie

        By the way, over 90% of schools are managed by a Board of Management consisting of people from the community, NOT nuns or priests,
        Vote for Carol Hunt, a lady who knows Fupp all about her latest chosen cause. Funny that this issue doesn’t get a mention on her website.

        1. TheQ47

          On a National School Board of Management there are generally 8 members, the principal, a teacher (chosen by the teaching staff of the school), two people appointed by the patron/ bishop (usually the Parish Priest and a local nun or someone similar), two parents (chosen by the other parents) and two others from the community (chosen by the rest of the board). All must be approved by the patron.

    2. Leela2011

      that’s why the govt have to step in and make provisions for both Catholic and non-catholic children. it’s unfair on both children and teachers that non Catholic children have to sit at the back of class and not be part of the lesson, during religious instruction

    3. Kieran NYC

      I think many many people hate change and have a fear of what they’re not used to.

      Plus they already have their kids in the school, so why would they really care?

    1. DaithiG

      Oh that’s lovely! I bet you feel all Frankie Boyle after that. (Even though Frankie Boyle would probably also deem that offensive)

  6. postmanpat

    What are the repercussions of being caught out with a forged baptism cert after the kids already in school? what are the real chances of being caught?

  7. DaithiG

    Can’t Educate Together sue the government or the Dept of Ed? Or is there avenue for a class action suit with parents who have been denied access to public schools? Possible taking it to the Supreme Court? How would that work? Or have I been living in the US too long?

    Legal Coffee Drinker, can you advise?

  8. Leela2011

    it’s hard enough having your family constantly ask when you’re going to baptise your child ‘to give him the best start’, ‘to make sure he gets into a good school’. but I’m lucky that’s all I have to contend with. why are families of different religion feeling the pressure to go against their own religious practice? I’m sure they’re afraid to speak up about it.

    http://www.irishtimes.com/news/social-affairs/religion-and-beliefs/new-irish-feel-pressure-to-allow-children-be-instructed-in-catholic-faith-at-schools-1.2532330

  9. Baz

    So this is the same Carol Hunt that lives in ‘the oppressive shadow of Croke Park’ (during the G Brook’s debate)

    So Carol drags her kids south side for their education and simultaneously is a carpet bagger in Dun Laoghaire!

    1. Termagant

      Does she have a stance on the Saudis? My vote hinges there to be honest. The Saudi Arabian question is one that must be addressed.

      1. f_lawless

        I’ve no idea Termagant. It’s just that personally speaking, I don’t think I could have faith in the political mindset of someone who interprets the situation in Israel/Palestine in such a skewed way (as I see it).

  10. NIce Anne {Dammit}

    So you are telling me here and now there is something actually useful in the constitution???

    Test case quick!

Comments are closed.

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