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| 21-July-2026 |
An alienable right is an absolute right. It cannot be taken away or balanced against the rights of others.
Article 2 of Protocol 1 of the European Convention also protects this right in relation to respecting the rights of parents in relation to the religious or philosophical education of their children.
We believe that the Irish State is failing in its Constitutional duty to respect our parental rights under Article 42.1. We are left dealing with Boards of Management and Patron bodies who view our parental rights through their ethos and the legal obligations surrounding it.
The Supreme Court said that the Constitution contemplates children receiving religious education in schools recognised or established by the State, but in accordance with the wishes of the parents.
It also said that Article 42.1, in relation to the inalienable right of parents, must be read in the context of Article 44.2.4, the right to attend any school in receipt of public funds and not attend religious instruction.
The Supreme Court also said that:
An overall saver in the constitutional text is that the State, in providing for free primary education and in endeavouring to assist post-primary education in various forms, have “due regard … for the rights of parents, especially in the matter of religious and moral formation.” This provision reflects a concern for upholding parental authority; a foundational pillar of the Constitution that accords with Article 41 recognising the family as “the natural primary and fundamental unit group of” Irish society.
The state is aware that it has these Constitutional obligations. It put in place the following legislation to reflect them.
Irish Legislation
a) Section 6 (a) of the Education Act 1998 obliges every person concerned with the Act to give practical application to the constitutional rights of children.
b) Section 9 (d) obliges schools to promote the moral, spiritual, social and personal development of students in consultation with their parents.
c) Section 15-2(e) of the Education Act 1998 obliges all Boards of Management in schools to have regard to the principles of a democratic society and have respect and promote respect for the diversity of values, beliefs, traditions, languages and ways of life in society.
d) Section 15.2(d) obliges Boards of Management in their Admission policy to ensure that the Constitutional rights of all persons concerned, are complied with.
e) Section 30.2(e) says that the Minister shall not require any student to attend instruction in any subject which is contrary to the conscience of the parent of the student.
However, while putting these legal obligations on Boards of Managements, the Department of Education has issued no Guidelines on how Boards are to give practical application to what the obligations mean on the ground.
In addition, there are no Guidelines on not attending any subject that is against the conscience of parents.
The State just passes its obligations on to Boards of Management, who interpret this according to the ethos of the school, which the Boards are legally obliged to uphold (S.15.2(b) Education Act 1998).
This has meant that Patron bodies have control over our inalienable right to provide for the religious and moral education of our children under Article 42.1 of the Constitution, and our right to ensure our children do not attend any subject that is against our conscience.
European Convention
Article 2 of Protocol 1 of the European Convention also protects this right, in relation to respecting the rights of parents in relation to the religious or philosophical education of their children.
The Irish State believes the Irish Constitution is compatible with this right under the European Convention, because of Article 42.1, and the fact that it has legislated to oblige Boards of Managements to respect all parent’s Constitutional rights in relation to the education of their children.
However, the European Court has defined and given practical application to what respecting the rights of all parents in relation to the education of their children means on the ground in schools ,while the Irish State has no guidelines in place at all.
The European Court in its General Principles has held that ‘respect’ in relation to parental rights means more than acknowledge or take into account. There is a positive obligation on States in relation to it.
The European Court held that, in order to respect the rights of all parents, children must have access to an objective, critical and pluralistic education. Otherwise, the State is pursuing an aim of indoctrination.
This is an absolute right, and one that is not to be balanced against the rights of others.
What we are seeking
When Atheist Ireland says we want access to an objective, critical and pluralistic education for our children, we are seeking our inalienable right to respect for our rights as parents in relation to the education of our children.
We are seeking this under Article 42.1 of the Constitution, and Article 2 of Protocol 1 of the European Convention
The Department of Education, the NCCA, Patron bodies, Boards of Management and teachers have no right to decide for us what is or is not suitable religious or moral education for our children.
Nor have they a right to interpret Constitutional rights in a manner that disrespects our inalienable right in relation to the education of our children.
We will continue to campaign for our parental rights under the Irish Constitution and human rights law.
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