Reasons for the need to redress Head 3 section 15 (2) d (iii) : - In accordance with Section 7 (3)...

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Reasons for the need to redress Reasons for the need to redress Head 3 section 15 (2) d (iii) : Head 3 section 15 (2) d (iii) : - In accordance with Section 7 (3) (c) of the - In accordance with Section 7 (3) (c) of the Equal Status Act 2000, a school does not Equal Status Act 2000, a school does not discriminate where it admits a person of a discriminate where it admits a person of a particular religion in preference to others particular religion in preference to others By Eukaria O’Grady By Eukaria O’Grady

Transcript of Reasons for the need to redress Head 3 section 15 (2) d (iii) : - In accordance with Section 7 (3)...

Page 1: Reasons for the need to redress Head 3 section 15 (2) d (iii) : - In accordance with Section 7 (3) (c) of the Equal Status Act 2000, a school does not.

Reasons for the need to redress Reasons for the need to redress Head 3 section 15 (2) d (iii) :Head 3 section 15 (2) d (iii) :

- In accordance with Section 7 (3) (c) - In accordance with Section 7 (3) (c) of the Equal Status Act 2000, a school of the Equal Status Act 2000, a school does not discriminate where it admits does not discriminate where it admits

a person of a particular religion in a person of a particular religion in preference to otherspreference to others

By Eukaria O’GradyBy Eukaria O’Grady

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“…“…as legislators with responsibility… as legislators with responsibility… it is important we engage with it is important we engage with

parents and education partners on parents and education partners on the potential merits and flaws within the potential merits and flaws within

the legislation.”the legislation.”

The Education Committee's call for The Education Committee's call for public submissions on the School public submissions on the School Admission Bill (2013).Admission Bill (2013).

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- Mr. Ruairi Quinn, Minister for Education & - Mr. Ruairi Quinn, Minister for Education & Science, in the Irish Times, Sept 2Science, in the Irish Times, Sept 2nd nd 2013, in 2013, in relation to the Education Committee's call relation to the Education Committee's call for public submissions on the School for public submissions on the School Admission Bill (2013).Admission Bill (2013).

““I will respond to any reasonable I will respond to any reasonable suggestions and improvements suggestions and improvements

that emerge in the course of this that emerge in the course of this debate”debate”

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Background of authorBackground of author

• Previously worked for an English Local Authority as Previously worked for an English Local Authority as Educational Rights Officer of Looked-After Children Educational Rights Officer of Looked-After Children (children in care).(children in care).

• Experience working in educational admissions rights, Experience working in educational admissions rights, making applications appeals to appeal boards. making applications appeals to appeal boards.

• Comprehensive background in school admissions Comprehensive background in school admissions polices and processes, relating particularly to Human polices and processes, relating particularly to Human Rights Law, Conventions and Charter’s stipulations.Rights Law, Conventions and Charter’s stipulations.

• Irish Citizen, educated in Ireland. A school teacher. Irish Citizen, educated in Ireland. A school teacher.

• Therefore, I feel a professional duty of care and a Therefore, I feel a professional duty of care and a responsibility as an Irish citizen to advocate for responsibility as an Irish citizen to advocate for students (children’s rights) in relation to their students (children’s rights) in relation to their Constitutional Rights and Human Rights of equal and Constitutional Rights and Human Rights of equal and fair access to education. fair access to education.

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1) Constitutional and State Acts/Laws, Human Right 1) Constitutional and State Acts/Laws, Human Right Laws, Charters and Conventions. Laws, Charters and Conventions.

2) Stipulations and Requests as per the Dept. & 2) Stipulations and Requests as per the Dept. & Minister for Education and Skills, Mr. Ruairi Quinn.Minister for Education and Skills, Mr. Ruairi Quinn. *Report of the Advisory Group to the Forum on Patronage and *Report of the Advisory Group to the Forum on Patronage and Pluralism in the Primary Sector Pluralism in the Primary Sector

3) Committees/organisations acting on behalf of 3) Committees/organisations acting on behalf of state or European Union.state or European Union.

4) 4) Recommendations and Remedies.Recommendations and Remedies.

Presentation Outline:Presentation Outline:Reiteration of Factual InformationReiteration of Factual Information

With Recommendations and With Recommendations and RemediesRemedies

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1. Constitution & State Laws 1. Constitution & State Laws ContravenedContravened

• The National School System The National School System • The 1998 Education Act Section 15 2(d) The 1998 Education Act Section 15 2(d) • Irish Constitution 1937 Article 42. 3.1, & Irish Constitution 1937 Article 42. 3.1, &

Article 44.2.2 Article 44.2.2 • Equal Status Act 2000, Section 7 3(cEqual Status Act 2000, Section 7 3(c))• Equal Status Act 2000, Section 3. 1 Equal Status Act 2000, Section 3. 1

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1. International Human Rights 1. International Human Rights Laws ContravenedLaws Contravened

• Constitution and the European Constitution and the European Convention on Human Rights Act 2003 Convention on Human Rights Act 2003 (IHRC, 2011, p.5).(IHRC, 2011, p.5).

• International Covenant on Civil and International Covenant on Civil and Political Rights (Articles 2 and 26).Political Rights (Articles 2 and 26).

• International Covenant on Economic, International Covenant on Economic, Social, and Cultural Rights (Article 2). Social, and Cultural Rights (Article 2).

• Convention on the Rights of the Child Convention on the Rights of the Child (Article 2). (Article 2).

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2. Stipulations and Requests as 2. Stipulations and Requests as per the Dept. & Minister for per the Dept. & Minister for

Education and Skills, Education and Skills, Mr. Ruairi Quinn.Mr. Ruairi Quinn.

““It has been evolving over the last number of years as It has been evolving over the last number of years as a result of the experience that many parents and a result of the experience that many parents and schools had of the present system which is fairly schools had of the present system which is fairly arbitrary and quite unfair.” arbitrary and quite unfair.”

- Quoted in the Irish Times, 2013, Sept 2nd –from his interview - Quoted in the Irish Times, 2013, Sept 2nd –from his interview with the with the radio show ‘Morning Ireland.’radio show ‘Morning Ireland.’

““I will respond to any reasonable suggestions and any I will respond to any reasonable suggestions and any improvements that emerge in the course of this improvements that emerge in the course of this debate.” debate.” - Irish Times, 2013, Sept 2nd. - Irish Times, 2013, Sept 2nd.

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2. Submission for Requests to the report by:

Advisory Group for Patronage and Pluralism in the Primary Sector

Report.‘‘The Minister indicated: that he would The Minister indicated: that he would initiate a public consultation on the initiate a public consultation on the recommendations of the report which deal recommendations of the report which deal with promoting greater inclusiveness in with promoting greater inclusiveness in schools, particularly in ‘Stand Alone schools, particularly in ‘Stand Alone Schools’, with a view to preparation of a Schools’, with a view to preparation of a White Paper White Paper ‘(DES, 2013, p. 2) ‘(DES, 2013, p. 2) and ‘views and ‘views on the relevant recommendations made by on the relevant recommendations made by the Advisory Group…how they can be the Advisory Group…how they can be translated into practicetranslated into practice’ (DES, 2013, p.2)’ (DES, 2013, p.2)

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2. Submission for Requests to the report by:Advisory Group for Patronage and Pluralism in the Primary Sector Report

““that the derogation in the Equal Status that the derogation in the Equal Status Act, 2000, Section 7 (3) (c) may impede the Act, 2000, Section 7 (3) (c) may impede the Department of Education and Skills duty to Department of Education and Skills duty to provide for education for all children. In the provide for education for all children. In the light of experience, further consideration light of experience, further consideration might need to be given to the amendment of might need to be given to the amendment of this derogation.” this derogation.”

(quoted from the Minister for Education and Skills request for Submissions, DES, 2013, p.4).

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3. Committees/organisations 3. Committees/organisations acting on behalf of state or acting on behalf of state or European UnionEuropean Union

• Committee on Economic, Social & Committee on Economic, Social & Cultural Rights 2011 Report Cultural Rights 2011 Report

• Report of the Advisory Group to the Report of the Advisory Group to the Forum on Patronage and Pluralism Forum on Patronage and Pluralism in the Primary 2013in the Primary 2013

• The Constitutional Review in 1996 The Constitutional Review in 1996 • Equality Authority - 2007Equality Authority - 2007*50 non-Catholic children provided with emergency school by *50 non-Catholic children provided with emergency school by

charity in 2007charity in 2007

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Amend the Equal Status Act 2000, Section Amend the Equal Status Act 2000, Section 7 (30 (c) or exclude it from the School 7 (30 (c) or exclude it from the School Admissions Bill 2013, Head 3 Section, 2. Admissions Bill 2013, Head 3 Section, 2. (d)(d)

Department for Education and Skills’ and Department for Education and Skills’ and Minister’s official response to ‘reasonable Minister’s official response to ‘reasonable suggestions’ .suggestions’ .

Commitment to respect of a school’s ethos Commitment to respect of a school’s ethos as opposed to proof of denomination as opposed to proof of denomination

4. Recommendations & 4. Recommendations & RemediesRemedies

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4. Recommendations & 4. Recommendations & RemediesRemedies

The school’s consultation process when The school’s consultation process when adapting their Admission Policy to the adapting their Admission Policy to the 2013 Bill.2013 Bill.

Role of IHRC in raising Awareness of Role of IHRC in raising Awareness of Human Rights Laws.Human Rights Laws.

Involvement in .admissions administration Involvement in .admissions administration by City/County Councils or Independent by City/County Councils or Independent bodiesbodies

Role of Board of Management.Role of Board of Management.

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“…“…as legislators with responsibility… as legislators with responsibility… it is important we engage with it is important we engage with

parents and education partners on parents and education partners on the potential merits and flaws within the potential merits and flaws within

the legislation.”the legislation.”

The Education Committee's call for The Education Committee's call for public submissions on the School public submissions on the School Admission Bill (2013)Admission Bill (2013)

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- Mr. Ruairi Quinn, Minsiter for Education & - Mr. Ruairi Quinn, Minsiter for Education & Science, in the Irish Times, Sept 2Science, in the Irish Times, Sept 2nd nd 2013, in 2013, in relation to the Education Committee's call relation to the Education Committee's call for public submissions on the School for public submissions on the School Admission Bill (2013)Admission Bill (2013)

““I will respond to any reasonable I will respond to any reasonable suggestions and improvements suggestions and improvements

that emerge in the course of this that emerge in the course of this debate”debate”

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Thank you for giving me this opportunity to Thank you for giving me this opportunity to present, for your time and understanding.present, for your time and understanding.

Ms. Eukaria O’GradyMs. Eukaria O’Grady

This current Education Bill is bringing so much hope and change, I beg of it to also bring the equality it, and we as a country and nation, are

capable of.