Sir, – Minister for Children and Youth Affairs James Reilly suggests that a referendum may be required to remove the exemption for religious schools from equality legislation (Section 7(3)(c) of the Equal Status Act).
However, there is no explicit or implied constitutional right of national schools to prioritise children of their own denomination over other children.
Article 44.2.5 provides that “Every religious denomination shall have the right to manage its own affairs, own, acquire and administer property, movable and immovable, and maintain institutions for religious or charitable purposes.”
National schools are not religious institutions but educational establishments. They are funded by the State in order to fulfil the State’s obligation to provide for free primary education for all children. As State-funded educational institutions, national schools cannot rely on Article 44.2.5 to claim an entitlement to non-interference by the State in their admissions policies. To the contrary, as bodies funded by the State, schools are required to respect human rights as prescribed by constitutional and international human rights laws, and are therefore prohibited from discriminating on the basis of religion.
By requiring State-funded schools to treat all children equally, the State would not be preventing religious institutions from “managing its own affairs” by privately running schools for children of that faith alone.
It would simply be making equal treatment a condition of State funding.– Yours, etc,
APRIL DUFF,
Chairwoman,
Education Equality,
Portobello Harbour,
Dublin 8.