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By Eukaria O’Grady

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 discriminate where it admits a person of a particular religion in preference to others. By Eukaria O’Grady.

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By Eukaria O’Grady

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  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 discriminate where it admits a person of a particular religion in preference to others By Eukaria O’Grady

  2. “…as legislators with responsibility… it is important we engage with parents and education partners on the potential merits and flaws within the legislation.” The Education Committee's call for public submissions on the School Admission Bill (2013).

  3. “I will respond to any reasonable suggestions and improvements that emerge in the course of this debate” - Mr.Ruairi Quinn, Minister for Education & Science, in the Irish Times, Sept 2nd 2013, in relation to the Education Committee's call for public submissions on the School Admission Bill (2013).

  4. Background of author • Previously worked for an English Local Authority as Educational Rights Officer of Looked-After Children (children in care). • Experience working in educational admissions rights, making applications appeals to appeal boards. • Comprehensive background in school admissions polices and processes, relating particularly to Human Rights Law, Conventions and Charter’s stipulations. • Irish Citizen, educated in Ireland. A school teacher. • Therefore, I feel a professional duty of care and a responsibility as an Irish citizen to advocate for students (children’s rights) in relation to their Constitutional Rights and Human Rights of equal and fair access to education.

  5. Presentation Outline: Reiteration of Factual Information With Recommendations and Remedies 1) Constitutional and State Acts/Laws, Human Right Laws, Charters and Conventions. 2) Stipulations and Requests as per the Dept. & Minister for Education and Skills, Mr.Ruairi Quinn. *Report of the Advisory Group to the Forum on Patronage and Pluralism in the Primary Sector 3) Committees/organisations acting on behalf of state or European Union. 4) Recommendations and Remedies.

  6. 1. Constitution & State Laws Contravened • The National School System • The 1998 Education Act Section 15 2(d) • Irish Constitution 1937 Article 42. 3.1, & Article 44.2.2 • Equal Status Act 2000, Section 7 3(c) • Equal Status Act 2000, Section 3. 1

  7. 1. International Human Rights Laws Contravened • Constitution and the European Convention on Human Rights Act 2003 (IHRC, 2011, p.5). • International Covenant on Civil and Political Rights (Articles 2 and 26). • International Covenant on Economic, Social, and Cultural Rights (Article 2). • Convention on the Rights of the Child (Article 2).

  8. 2. Stipulations and Requests as per the Dept. & Minister for Education and Skills, Mr.Ruairi Quinn. “It has been evolving over the last number of years as a result of the experience that many parents and schools had of the present system which is fairly arbitrary and quite unfair.” - Quoted in the Irish Times, 2013, Sept 2nd –from his interview with the radio show ‘Morning Ireland.’ “I will respond to any reasonable suggestions and any improvements that emerge in the course of this debate.” - Irish Times, 2013, Sept 2nd.

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

  10. 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 Act, 2000, Section 7 (3) (c) may impede the Department of Education and Skills duty to provide for education for all children. In the light of experience, further consideration might need to be given to the amendment of this derogation.” (quoted from the Minister for Education and Skills request for Submissions, DES, 2013, p.4).

  11. 3. Committees/organisations acting on behalf of state or European Union • Committee on Economic, Social & Cultural Rights 2011 Report • Report of the Advisory Group to the Forum on Patronage and Pluralism in the Primary 2013 • The Constitutional Review in 1996 • Equality Authority - 2007 *50 non-Catholic children provided with emergency school by charity in 2007

  12. 4. Recommendations & Remedies • Amend the Equal Status Act 2000, Section 7 (30 (c) or exclude it from the School Admissions Bill 2013, Head 3 Section, 2. (d) • Department for Education and Skills’ and Minister’s official response to ‘reasonable suggestions’ . • Commitment to respect of a school’s ethos as opposed to proof of denomination

  13. 4. Recommendations & Remedies • The school’s consultation process when adapting their Admission Policy to the 2013 Bill. • Role of IHRC in raising Awareness of Human Rights Laws. • Involvement in .admissions administration by City/County Councils or Independent bodies • Role of Board of Management.

  14. “…as legislators with responsibility… it is important we engage with parents and education partners on the potential merits and flaws within the legislation.” The Education Committee's call for public submissions on the School Admission Bill (2013)

  15. “I will respond to any reasonable suggestions and improvements that emerge in the course of this debate” - Mr.Ruairi Quinn, Minsiter for Education & Science, in the Irish Times, Sept 2nd 2013, in relation to the Education Committee's call for public submissions on the School Admission Bill (2013)

  16. 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. Thank you for giving me this opportunity to present, for your time and understanding. Ms. Eukaria O’Grady

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