As well as using our special consultative status at the UN, Atheist Ireland highlights with the Council of Europe the issue of religious discrimination in Irish schools. Here are Council of Europe human rights recommendations to Ireland.
- Council of Europe Protection of National Minorities 2006, 2013
- Council of Europe Commission Against Racism and Intolerance (ECRI) 2006, 2012, 2019, 2025
- Reports by Council of Europe Human Rights Commissioners after visits to Ireland 2007, 2016
- We also have a page linking to United Nations recommendations to Ireland on this issue.
1. Council of Europe Protection of National Minorities 2006, 2013
CoE Framework Convention 2006 ACFE/OP/II(2006)007
Denominational schools
Present situation
98. The Advisory Committee has received detailed information from non-governmental sources on the way in which the limited number of non-denominational or multi-denominational schools in Ireland – where an overwhelming majority of schools are run by Catholic bodies – can complicate efforts to find a school that would adequately take into account the cultural or religious background of non-Catholic minority children. The Advisory Committee welcomes the fact that the Irish authorities are paying increasing attention to the issue and that there is a commitment to step up support for expanding the network of non-denominational or multi-denominational schools. This has already resulted in the establishment of a number of new multi-denominational primary schools in recent years, although progress in this respect still appears to lag behind growing demand.
99. The Advisory Committee stresses that, in addition to widening the non-denominational and multi-denominational school network, there is a legal obligation to ensure that, in denominational schools, there is a possibility to opt out of religious instruction. It is important that this possibility is offered and organised in a manner that does not unduly single out the pupils concerned. The Advisory Committee further recalls that the above issues are likely to only increase in importance as the religious and cultural diversity of the country expands further.
Recommendations100. The Advisory Committee urges the authorities to pursue their commitment to widen schooling options, including in terms of non-denominational and multi-denominational schools, in a manner that ensures that the school system reflects the growing cultural and religious diversity of the country.
Recommendations from the two previous cycles of monitoring
110. In the previous monitoring cycles, the Advisory Committee encouraged the authorities to pursue their commitment to provide opportunities to study minority languages as an education subject.
111. In the previous monitoring cycles, the Advisory Committee also called on the authorities to pursue their commitment to broaden schooling options, including in terms of non-denominational and multi-denominational schools, in a manner that ensured that the school system reflects the growing cultural and religious diversity of the country.
Present situation112. In 2006, the Council for Curriculum Assessment adopted guidelines on Intercultural Education in Primary schools and Intercultural Education in Post-primary schools, with the aim of modifying the existing curricula to better reflect cultural diversity, making the curricula as accessible as possible for children from minority groups, enhancing the intercultural experience of all pupils and creating an inclusive school culture.
113. The Advisory Committee welcomes the information on the existing opportunities to study foreign languages and regarding the National Languages Strategy. It notes that the Royal Irish Academy National Committee for Modern Language, Literary and Cultural Studies, recommended that advanced proficiency in a third language24 be made a universal requirement in order to integrate plurilingualism into the curriculum. In 2010, including the curricular and non-curricular language subjects, a total of 27 languages were examined in the Leaving Certificate examinations.
114. As regards the availability of different schooling options, the Advisory Committee notes that, although the majority of primary schools have been established under the patronage (i.e. responsibility and ownership) of the Catholic Church, five new primary schools have been created since 2008 under the direct patronage of the authorities through the Vocational Education Committee. On the initiative of a human rights and equality-based school movement “Educate Together”, a further 60 multi-denominational primary schools have been set-up, widening school options available to parents and pupils. These developments concur with the views of the Advisory Committee, as expressed in the Commentary on Education26 which states that the education system should allow for interaction between persons of various groups and encourage mutual understanding and tolerance.
Recommendations
115. The Advisory Committee invites the authorities to continue to monitor the existing needs for foreign language teaching and to provide children with adequate opportunities to study these languages.
116. The Advisory Committee encourages the authorities to ensure that the Guidelines on Intercultural Education are properly reflected in the curriculum at primary and especially post-primary levels.
117. The Advisory Committee invites the authorities to continue to monitor the supply of and demand for schools of all types, in order to meet the needs and ensure the mutual interaction of the increasingly diverse school population.
2. Council of Europe Commission Against Racism and Intolerance (ECRI) 2006, 2012, 2019, 2025
ECRI Third Report on Ireland Recommendations 2006
57. ECRI recommends that the authorities ensure the inclusion of human rights and anti-racism in the teacher training curriculum at all levels. ECRI further recommends that they ensure the implementation of the education component of the National Action Plan Against Racism as well as the Guidelines on Intercultural Education. ECRI further encourages the authorities in their development of a National Intercultural Strategy on Education and recommends that suggestions by NGOs and other interested parties be included in the objectives established therein.”
“87. ECRI urges the Irish authorities to promote the establishment of multi-denominational or non-denominational schools and adopt the necessary legislation to that end. The authorities should also ensure that the current opt-out system in denominational schools is implemented in a manner which does not make pupils feel singled out.
88. ECRI recommends that the authorities establish a consistent system of data collection to assess minority pupils’ performance in education and establish the necessary policies in this area. It further reiterates its recommendation that the authorities take measures to encourage members of minority groups to enter the teaching profession.
ECRI Fourth Report on Ireland Recommendations 2012
I. Existence and Application of Legal Provisions
International legal instruments
“1.In its third report on Ireland, ECRI strongly recommended that the Irish authorities ratify Protocol No. 12 to the European Convention on Human Rights (ECHR). It also recommended that they ratify the Convention on the Participation of Foreigners in Public Life at Local Level and the European Convention on Nationality. It encouraged the Irish authorities to ratify the European Convention on the Legal Status of Migrant Workers, the European Charter for Regional or Minority Languages and the UNESCO Convention against Discrimination in Education.”
“III. Discrimination in Various Fields of Life
72. ECRI notes that a survey published by the Central Statistics Office (CSO) of reland in July 2011 showed that one in eight people in Ireland over the age of 18 experienced some form of discrimination in the two years prior to the fourth quarter of 2010.18 The highest rates of discrimination reported were from people of non-white ethnic background, unemployed people, non-Irish nationals and people of non-Catholic religion. Persons with a disability were more likely to experience discrimination compared with persons without a disability. However, civil society representatives pointed out that, of those who received bad treatment, most did not make a formal complaint. ECRI considers that racist incidents are under-reported in Ireland.”
“101. In its third report ECRI urged the Irish authorities to promote the establishment of multidenominational or non-denominational schools and adopt the necessary legislation to that end. The authorities should also ensure that the current opt-out system in denominational schools is implemented in a manner which does not make pupils feel singled out.
102. ECRI notes that at primary school level, 96% of schools are under the patronage (i.e. responsibility and ownership) of the Catholic Church, whereas many newcomer groups have a more diverse religious profile than the majority population. Whereas it is commendable that the vast majority of such schools accept children of all faiths, or lack thereof, without the obligation for such children to participate in Catholic religious instruction and rites, ECRI finds that in some cases where the demand exceeds the availability of places, schools may introduce admission schemes based not only on academic performance, but also on filiation links with the school based on siblings attendance, which is understandable, and parents’ attendance, which is difficult to comprehend. A preferential admission policy favouring children whose parents attended the particular school can have indirect discriminatory effects on children of immigrant background, or from other disadvantaged groups like Travellers, whether they are Catholic or not.
103. ECRI welcomes the establishment since 2008 of five new primary schools, first in County Dublin and since in other locations which will be under the direct patronage of the State through the proposed patronage of the Vocational Education Committees (awaiting legislative provision). They are open to children of all faiths and of none and strive to be fully inclusive. ECRI further welcomes the initiative of Educate Together, a human rights and equality-based school movement, which has established since 2008 a network of 60 multi- denominational primary schools nationwide. Educate Together has also recently been approved as patron and co-patron of two second level schools to be established in 2013 and 2014.
104. The authorities announced in 2011 the establishment of a Forum on Patronage and Pluralism in the Primary Sector. It advises the authorities on how it can best be ensured that the education system provides a sufficiently diverse number and range of primary schools catering for all religions and none. Since then a number of public working sessions were convened to tackle these issues and the Forum received submissions from over 200 stakeholders. ECRI notes with satisfaction that the Report of the Advisory Group to the Forum on Patronage and Pluralism in the Primary Sector was published in April 2012 and that the authorities announced the immediate commencement of a process for the divesting of patronage of primary schools in 44 areas of stable population. It is also noted that there is to be a public consultation process on the findings and recommendations in the Advisory Group report with regard to promoting more inclusiveness in schools, particularly in schools where transfer of patronage is not an option. ECRI welcomes the information that following the consultation process, the findings and recommendations in this area and the submissions received will be considered in drafting a White Paper.
105. ECRI recommends that the Irish authorities pursue and step up their efforts to ensure that the education system guarantees all children of immigrant origin equality of opportunity in access to education, including higher education.”
“VII. Education and Awareness-Raising
163. In its third report, ECRI recommended that the authorities ensure the inclusion of human rights and anti-racism in the teacher training curriculum at all levels. ECRI further recommended that they ensure the implementation of the education component of the National Action Plan Against Racism as well as the Guidelines on Intercultural Education. ECRI further encouraged the authorities in their development of a National Intercultural Strategy on Education and recommends that suggestions by NGOs and other interested parties be included in the objectives established therein.”
“171. ECRI encourages the Irish authorities to continue to implement intercultural education in practice in all schools.
ECRI Fifth Report on Ireland Recommendations 2019
17. ECRI recommends that the Equal Status Acts and Employment Equality Acts are amended to include segregation, inciting another to discriminate and aiding another to discriminate as forms of discrimination, as well as a duty on public authorities to ensure that parties to whom they award contracts, loans, grants or other benefits respect and promote a policy of non-discrimination.
The authorities should also streamline procedures so that all discrimination cases, on all grounds and in all areas, are dealt with by the Workplace Relations Commission (WRC); ensure that legal aid is available for proceedings before the WRC for cases involving discrimination and equality; consider renaming the WRC to something more representative of its broad functions; and ensure that legislation provides for the possibility of dissolution of organisations which promote racism.”
“89. ECRI has been informed that a growing issue affecting the integration of immigrants is the fact that the overwhelming majority of schools in Ireland are run by the Catholic Church, though funded by the State (see also ECRI’s fourth report §§101-105). Some schools have made efforts to welcome and facilitate non-Catholic immigrant children, but others seem to be giving preference in admissions to children who have been baptised as Catholics. This has led to de facto segregation and clustering of immigrant children in certain schools.
Therefore, ECRI welcomes the Education (Admission to Schools) Act, passed in July 2018, which prohibits over-subscribed primary schools from discriminating in the area of school admissions on the basis of religion, thus removing the so-called “baptism barrier”. The provision entered into force in October 2018 and is now operational for all recognised primary schools. ECRI stresses the importance of establishing a school system which guarantees all children equal opportunities in access to education.
90. ECRI recommends that additional English-language assistance is provided to pupils whose mother tongue is not English and that the application of the Education (Admission to Schools) Act 2018 is monitored to ensure that discrimination based on religion no longer occurs.
ECRI Sixth Report on Ireland Recommendations 2025
17. The 2018 Education (Admissions to Schools) Act prohibits schools from using religion as a selection criterion in school admissions. Historically, the great majority of public primary schools in Ireland have been run by the Catholic Church, with Catholic religion classes as part of the curriculum. With changing demographics and rising demand for multidenominational primary schools in Ireland, transferring the patronage of formerly religious schools has now been considered as a viable option for providing a non-religious alternative.26 The authorities also committed to the secularisation of schooling through the establishment of new multi-denominational schools.27 Furthermore, the Department of Education has announced plans to survey parents nationally about schools’ patronage and ethos.28 In the view of ECRI, these are positive developments.
18. At the same time, it emerged from the findings of the 2024 visit to Ireland that religious discrimination in school admissions might still be happening in practice. Privately funded primary and secondary schools promoting religious values can give preferential treatment to pupils of a particular religion. Publicly funded schools promoting religious values can also refuse to admit pupils if it is considered essential to maintain the ethos of the school. The ethos of schools can also impact the delivery of Relationship and Sexuality Education (RSE).29 The case of a Christian evangelist teacher, who refused to use a transgender student’s pronouns and name, contrary to the school’s policy, claiming that this violates his religious rights, further illustrates challenges that may arise between religious beliefs and inclusive education practices. ECRI welcomes the school’s prompt and firm reaction to the incident.
19. Civil society actors met by the ECRI delegation during the 2024 visit also raised concerns about the potential gap between what is published as a school’s admissions policy and their practice of admitting pupils, spotlighting the oversupply of religiously managed primary schools in the country (95%, of which 90% are Roman Catholic)
20. ECRI recommends that the authorities: i) review existing legislation to ensure that the exemption for refusal of admission on the basis of religion does not adversely impact access to education; ii) provide greater clarity as to the definition of “ethos” and what is required in order to establish that a refusal was essential to maintain the ethos of the school, ensuring it does not constitute discrimination on the ground of religion; iii) ensure evidence-based planning and implementation of measures to ensure the scientific neutrality essential in any educational approach.
3. Reports by Council of Europe Human Rights Commissioners after visits to Ireland 2007, 2016
Report by CoE Human Rights Commissioner Thomas Hammarberg after visit to Ireland 2007
3.4 Access to education
55. In the past, the Irish authorities have been criticised for under-spending on education, resulting in poor infrastructure and equipment and large class sizes,46 as well as for a lack of choice due to the fact that the overwhelming majority of primary schools in Ireland are Catholic schools. It should be noted in this context that the vast majority of primary schools in Ireland were originally established by religious authorities, mainly the Catholic Church, and that they still continue to run most of them.
While the 2006 budget saw an increase of 500 teachers and much progress has been made in improving the infrastructure, the lack of choice remains a problem. The Commissioner visited Glanmire Community College, a non-denominational school in County Cork and met with staff and students. The growing diversity of Irish society has seen an increase in the demand for multi-denominational or non-denominational schools that the current practical and legislative infrastructure is unable to meet, in particular when schools are obliged to enrol Catholic applicants first. The European Commission against Racism and Intolerance has recommended that the greater demand for non-denominational or multi-faith schools should be met.
During the visit of the Commissioner, several NGOs expressed concerns about the segregation of non-catholic migrants in education. They highlighted the case of a school in Balbriggan which was almost entirely composed of African pupils who had not been admitted to Catholic schools due to the priority given to Catholic applicants. This case had attracted particular controversy and criticism as regards insufficient preparation for residential and educational integration of immigrant communities.
56. The Commissioner encourages the Irish authorities in their efforts to provide education in a safe and stimulating environment and that the teacher-pupil ratio should be such as promotes active learning for all groups of children. He notes with satisfaction that the Irish government intends to meet the needs for providing adequate school facilities for the estimated increase of 100,000 children entering Irish primary schools over the next seven years. The Commissioner underlines that providing quality education accessible to all children is one of the most efficient ways of preventing inequality, poverty and social exclusion.
He welcomes the new state model of community national school to be piloted in three locations from September 2008. The model aims at facilitating religious education for various denominational groups. There are also plans to set up a tri-religious, intercultural, interdenominational primary school in County Kildare, teaching children of Christian, Jewish and Muslim backgrounds together.
Moreover, the Commissioner appreciates the new school enrolment policy of the Archdiocese of Dublin, which has recently set aside a one-third quota for non-Catholic children in two pilot schools located in areas of massive population growth. He encourages the authorities to systematically address the increasing demand for choice within the educational system while involving all stakeholders including children in the process.
Report by CoE Human Rights Commissioner Nils Muiznieks after visit to Ireland 2016
3.1.4 CONCLUSIONS AND RECOMMENDATIONS
130. The Commissioner welcomes that in its Action Plan for Education 2016-2019, the Government has acknowledged the importance of moving towards inclusive education, requiring changes to the education system to make it more adapted to an increasingly diverse Irish society and children of all beliefs. He recalls that inclusive education is a principle that places the responsibility on states to educate all children without any discrimination within the mainstream system. The European Court of Human Rights has stated that, in fulfilling the functions assumed by it in regard to education and teaching, the state must take care that information or knowledge included in the curriculum is conveyed in an objective, critical and pluralistic manner, enabling pupils to develop a critical mind with regard to religion in a calm atmosphere which is free of any misplaced proselytism. It is forbidden to pursue an aim of indoctrination that might be considered as not respecting parents’ religious and philosophical convictions.
131. Noting the specific features of the Irish education system, whereby the vast majority of primary schools and the majority of secondary schools are owned and run by private religious bodies, the Commissioner stresses that the UN Special Rapporteur on Freedom of Religion and Belief addressed the case of the private denominational schools having a de facto monopoly in a particular locality or region, with the result that students and parents can hardly avoid school education based on a denomination different from their own religious or belief conviction. As stated by the UN Special Rapporteur on Freedom of Religion and Belief, “[i]n such situations it falls upon the State, as the guarantor of human rights, to ensure that freedom of religion or belief is effectively respected, including the right of students not to be exposed to religious instruction against their will as well the right of parents to ensure a religious and moral education of their children in conformity with their own convictions.” The Commissioner also draws attention to the Toledo Guiding Principles on Teaching about Religions and Beliefs in Public Schools.
132. As concerns access to school, the Commissioner urges the Irish authorities to rapidly take all necessary measures to significantly increase the diversity of schools notably through the divestment to non-denominational schools or the opening of such schools. He also recommends that the exemption provided for by Section 7(3)(c) of the Equal Status Act 2000, allowing state-funded schools to use the religion of the child as one of the admission criteria, be removed.
133. The Commissioner calls on the Irish authorities to provide as a matter of urgency low-threshold options for a child and his or her parents to get exemptions, with the purpose of preventing children from being exposed to religious instruction against their own will or that of their parents. In addition, the Irish authorities should take steps to review the content and way of teaching of the course on religion education (RE) in secondary schools and modify it accordingly so as to ensure that it genuinely covers all religious cultures and is no longer perceived as instruction in one particular religion and in particular the prevalent religion.
134. The Commissioner welcomes the removal from the Rules of National Schools in 2016 of the provision that made of religious instruction the most important part of the school curriculum in all schools, as a first step toward a more inclusive way of teaching in Ireland.
However, much more needs to be done to ensure that the curricula in state-funded schools are taught in an objective, critical and pluralistic manner. In particular, the Commissioner considers that Section 15(2)(b) of the Education Act 1998 obliging schools to uphold the religious ethos of the patron should be amended to ensure that school ethos always favours inclusive education and does not have a discriminatory impact on children from minority religions or without religion.”Note: We include below more detail from this report, as it includes a comprehensive analysis of the Irish education system in 2016, by the then Council of Europe Human Rights Commissioner:
“3.1 INCLUSIVE EDUCATION
3.1.1 THE IRISH EDUCATION SYSTEM
97. Article 42 of the Irish Constitution provides for free primary education and parental choice of school. The Irish State does not manage the primary and post-primary schools itself; each school is run by a private patron and the state has traditionally provided financial support to these schools, called “national schools”. Such schools include denominational (or otherwise said, religious) schools, non-denominational schools, multi-denominational schools, and schools that teach through the Irish language (Gaelscoileanna).
98. A distinctive aspect of the Irish education system lies in the fact that the vast majority (96%) of primary schools are under the patronage of religious denominations. Approximately 90% of national schools are under the patronage of the Catholic Church, while 5.5% are under the patronage of the Church of Ireland. At the secondary level, patronage is more diverse although denominational schools still represent 58% of the total secondary school population. There are also nine “model schools” (facilitating teachers’ training) under the patronage of the Department of Education and Skills, which have evolved to provide primary education within a Christian ethos, although they were originally established as non-denominational schools and 11 Community National Schools under the patronage of the local Education and Training Board (ETB) that are multi-denominational.
99. For the moment, the main existing alternative to denominational and multi-denominational schools in Ireland are the schools run by “Educate Together”. This NGO without religious affiliation manages non-denominational primary schools (out of a total of 3,200) and 9 secondary schools, serving altogether over 22,000 pupils. In 2016, 9 new “Educate Together” schools were opened. These schools are oversubscribed in cities like Dublin where there is a high demand for non-denominational schools.
The Commissioner was informed that “Educate Together” has to privately raise 100% of the funds necessary to open a new secondary school and 85% of those necessary to open a primary school.
100. This unique situation in Europe whereby the great majority of state-funded schools are privately-run religious schools raises a number of issues in relation to the observance of prohibition of discrimination on religious grounds and more generally, the need to ensure an inclusive education of all pupils irrespective of religion or belief.
3.1.2 RELIGIOUS DISCRIMINATION IN SCHOOLS
101. Pursuant to the Irish Constitution, state funding for schools shall not discriminate between schools of different religious denominations and it should not impact negatively on the right of any child to attend a publicly-funded school without attending religious instruction. In practice, the current Irish education system is problematic with regard to non-discrimination on ground of religion and belief in two main aspects: access to school and the school curricula.
In addition to these national schools, there is also a very limited number of fully private schools which do not receive funding from the state and are not discussed in this report. See for more information on the Irish education system the webpage of the Department of Education and Skills.
3.1.2.1 RELIGIOUS DISCRIMINATION IN ACCESS TO SCHOOL
102. In the Irish education system, each school determines its admission criteria. While there is a general principle of non-discrimination on the grounds of religion or belief in the Irish Constitution, statutory legislation provides for an exemption clause under which denominational schools may give preference to students of a particular religious denomination or refuse students not of that religious denomination (Section 7(3)(c) of the Equal Status Act 2000).76 This means in practice that for 96% of the primary schools it is possible to use the religion of the child (or lack thereof) as an admission criteria.
103. The main concern raised by this admission system relates to difficulties in accessing oversubscribed schools in some areas for those children who are not of the religion of that school. In Ireland, 20% of primary schools are oversubscribed due to their presence in highly populated areas. In practice and given the large majority of Catholic schools in Ireland, this means that in some places, mainly in urban areas and particularly in Dublin, it is difficult for a non Catholic child to find a school that would enrol him/her due to the system of preferential admission of Catholic students. This phenomenon has been referred to as the “baptism barrier”, or the “Catholic-first” admission policy.
104. During his visit, the Commissioner was informed that many schools run by Catholic patrons (but also those run by other denominational patrons) clearly state in their admission rules that religion will be a primary criterion in deciding admission. Often, local Catholic children will enjoy priority on the list of preference, followed (immediately or not) by non-local Catholic children. In addition, it is not unusual for a school to require a baptismal certificate for admission. Non-baptised children are not refused as such in most denominational schools (in which case parents could challenge the refusal)77, they are just placed at the bottom of long waiting lists with no real prospect of being admitted to the school.
105. There have been numerous reports of parents who have baptised their children only to secure school placement but also parents who encountered huge difficulties in enrolling their unbaptised children in local schools and were forced to search for a school elsewhere. For instance, in one case widely reported in the media a child was rejected by nine schools.7The admission policy described above is also problematic in terms of indirect discrimination on grounds of ethnic origin. Many immigrant children do not find a place in local oversubscribed denominational schools run by the predominant religious patron, as they generally do not belong to that religion. As a result, they may have to concentrate in non-denominational schools that do not limit their access, a circumstance that can foster ethnic segregation.
106. Another issue of concern is the lack of choice of school in poorly populated areas obliging children to attend a denominational school only because it is the only one available in a reasonable vicinity, a problem that occurs more in rural areas. There are approximately 1,700 primary stand-alone schools (that means, which are at least 3 km from the nearest neighbour schools). In these cases, it would be complicated to increase diversity by expanding the choice of schools. Increasing the number of schools in areas with a small number of residents risks undermining the viability of existing schools, many of which are small. As a result, the existing local school is the only realistic option for most people in many parts of the country.
107. A further shortcoming of this system, highlighted by the IHREC, is that children with a specific disability could be required to attend a school not of their belief in order to access the support they need as it would only be available in a denominational school that has been assigned additional resources and expertise for a particular disability. Under current legislation, a school could even refuse a child with that disability if it could prove that such a refusal was essential to maintain the school’s ethos. This could lead to multiple discrimination on the grounds of religion and disability.
108. These practices have so far never been explicitly addressed by the courts, one of the reasons being that, as mentioned above, the law itself allows for an exception to the principle of non-discrimination. Some parents also prefer to avoid bringing a case to the courts as they prefer to avoid the negative impact of a court procedure on the schooling of their child. However, as concerns the general public, the Commissioner notes that in an opinion poll conducted in October 2015 for the NGO Equate, 84% of the persons surveyed agreed that the Irish education system needed to be reformed so that no child was excluded because of their religion (or lack thereof).
109. The current school admission system has been criticised by numerous human rights stakeholders for a certain time now. At national level, in November 2016, the IHREC considered that the paramount concern in balancing the rights of individual children and the rights of institutions such as religious patrons must be the rights of children to an education under reasonable conditions and without discrimination. It recommended that the Equal Status Act be amended to give effect to the principle that no child should be given preferential access to a publicly funded school on the basis of their religion. The Ombudsman for Children has also criticised the discriminatory impact of the existing legislation.
110. At international level, in recent years, a number of United Nations (UN) treaty bodies have called upon Ireland to take measures addressing religious discrimination in relation to school admission. One of the most recent calls comes from the UN Committee on the Rights of the Child, which expressed concern in 2016 about schools continuing to practice discriminatory admissions policies on the basis of the child’s religion.
111. During the visit, the Irish authorities informed the Commissioner that they are exploring avenues to increase diversity in national schools. A first step in that direction was the establishment in 2011 of the Forum on Patronage and Pluralism in the Primary Sector. According to the Forum and many other experts, there are two main avenues possible that are complementary.
112. One solution is to increase the diversity of schools either by divestment (i.e. the transfer of a school from a denominational patron to another patron) or the opening of new schools. The state has expressed its will to move in this direction by broadening the choice of schools available each year in line with the target of 400 multi-/non-denominational schools by 2030. It is generally agreed that the process of increasing diversity of school patronage through divestment and the opening of new schools has been rather slow. For instance, in 2015 only nine schools were handed over from the Catholic Church to non-denominational patrons.
113. The other measure is a change of the rules on school admissions, a step that Parliament has been considering for years, without a successful outcome so far. An Education (Admission to Schools) Bill 2016 was approved by the government in July 2016 and was still in Parliament at the time of preparing this report. However, while it provides for long-awaited improvements on a number of issues, the denomination accepts State funding, it must be prepared to accept that this aid is not given unconditionally. Requirements that the school must be prepared in principle to accept pupils from denominations other than its own and to have separate secular and religious instruction are not unreasonable or unfair” (See under Article 40-44).
114. The Commissioner notes that on 16 January 2017 the government announced plans to ensure that children from non-religious backgrounds are not discriminated against in school admission policies.
However, at that stage it had not made a decision as to what would be the best solution. The Minister of Education explained that four possible approaches would be set out for dealing with the issue at primary level. They include: banning religious schools from giving preference to children of their own religion from outside the catchment area, ahead of non-religious children who live inside the catchment; allowing religious schools to give preference to a child of their own religion only where it is the child’s nearest school of that faith; allowing preference to be given to a child of the school’s religion for a set proportion of places, with remaining places allocated using other admissions criteria like distance from school; introducing an outright ban on using religion as a factor in admissions.
Within such an approach, religious schools could be allowed to require parents or students to indicate support or respect for the school ethos. The Minister announced a 10-12 week public consultation on these proposals.
3.1.2.2 RELIGIOUS DISCRIMINATION IN SCHOOL CURRICULA
115. The situation of the Irish educational system whereby 96% of the state-funded schools are denominational as described above inevitably results in children attending schools that are not necessarily promoting their or their parents’ religious beliefs or lack thereof. In this context, shortcomings in the system of exemption from religious instruction courses coupled with a strong focus on the religious ethos in denominational schools raise a number of issues with respect to the enjoyment of the right to freedom of consciences and religion without discrimination.
116. The Rules for National Schools adopted in 1965 allow patrons to draw up the school’s ethos and admission policy. Section 15(2)(b) of the Education Act 1998 obliges schools to uphold the religious ethos of the patron. At the same time, Article 44.2.4 of the Constitution allows parents to opt a child out of religious instruction classes at state-funded schools and Section 30 of the Education Act 1998 provides that a student shall not be required to attend instruction in any subject which is contrary to the conscience of his or her parent.
117. The Commissioner has been informed about the important religious dimension of teaching in many primary schools in practice, as a result of both the religious instruction courses and the fact that religion permeates the whole curriculum and school environment.
118. As regards the former aspect, religious instruction is an integral part of the 1999 primary school national curriculum as 2.5 hours per week are to be devoted to it. At the same time, the patron of each school is free to determine the content of the religion instruction course as the national curriculum does not impose any restriction on content and the Department of Education and Skills does not have to approve the material used to teach religious instruction.
119. Concerning opting-out of religious instruction, the Commissioner has received many concurring reports of difficulties in exercising this right in practice despite the legal framework in force. Opt-out measures tend to be ad hoc and applied across schools in an inconsistent way. Schools rarely provide alternative subject-matter teaching or even alternative supervision for the child. In some cases documented by the Equality Authority, pupils had to stay in the corridor or leave the school premises during religious instruction class. In practice, in the vast majority of cases, the pupils who opt out remain in the classroom during religious instruction class and do other school work or attend to other occupations. Given the stigma often associated with opting out, many parents reportedly decide not to avail themselves of this possibility to protect their children from social exclusion.
120. The lack of reasonable opting-out possibilities has been widely criticised by international and national human rights stakeholders. In 2016, the UN Committee on the Right of the Child was concerned that children were not ensured the right to effectively opt out of religious classes and access appropriate alternatives to such classes.93 The IHREC recommended setting down in legislation some minimum standards in relation to the nature of exemptions for students who do not want to attend religious instruction or that the Minister of Education and Skills may regulate how schools shall provide for such students.
121. Another problem relates to the fact that besides the religious instruction course, there is no obligation for a primary school to provide information in relation to religions and beliefs in an objective, critical and pluralistic manner that avoids indoctrination. In November 2015 the National Council for Curriculum and Assessment launched a consultation on the development of a curriculum in Education about Religions and Beliefs (ERB) and Ethics, that would not replace, but be in addition to religious instruction.
122. In secondary schools, the Religious Education (RE) course is separate from the religious instruction course and based on a curriculum established at the national level taught as an optional examination subject. There are reports, however, that most secondary schools teach that subject in a way that does not reflect a neutral and objective approach. Most schools are also reported to merge the two courses together, teaching the optional RE course along with the school’s formal religious instruction course and present the combined course as a compulsory core subject.
123. In many schools, religion is not just taught at specified times: it permeates the whole curriculum and ethos of the school, often resulting in religious practices being integrated into all aspects of the school day. For a long time, the Rules for National Schools 1965 stressed that religious instruction was “by far the most important” part of a school curriculum and that “a religious spirit should inform and vivify the whole work of the school”. This rule was finally removed in January 2016.
124. However, religion still permeates school life in the vast majority of national schools. For instance, this could take the form of religious signs in the schools or on compulsory uniforms, prayers before class or children attending mass within school hours on a regular basis. In the framework of a consultation of young people conducted for the Forum on Patronage and Pluralism, 80% of the primary pupils consulted indicated that their schools had prayer during the school day, 83% that their principal/teacher spoke about God during class and 60% that apart from the time spent to prepare for Communion they went to Mass with their class during school time. As noted by the Forum, denominational religious education and sacramental preparation are long-established features of the Irish primary school system.
4. United Nations Recommendations
We also have a page linking to United Nations recommendations to Ireland about religious discrimination in Irish schools.