Human Rights and Post Primary Education

Presentation 18th June 2003Post Primary Review Working Group

Human Rights Law

• National law - directly applicable and must be upheld in the court or bodies are to have due regard to it. The Human Rights Act 1998 and Section 75 of the Northern Ireland Act 1998.

• International human rights law – ratified by government at the international level. Laws and policies developed locally should be compliant with the international standards. Not legally binding in a court but used by the court to develop understanding of the standards.

Human Rights Act 1998

 3. (1) So far as it is possible to do so, primary legislation and subordinate legislation must be read and given effect in a way which is compatible with the Convention rights.

 6.(1) It is unlawful for a public authority to act in a way which is incompatible with a Convention right (including schools).

Key Rights

First Protocol Article 2 The Right to Education

No person shall be denied the right to education. In the exercise of any functions which it assumes in relation to education and to teaching, the State shall respect the right of parents to ensure such education and teaching in conformity with their own religious and philosophical convictions

Key Rights

ARTICLE 14 PROHIBITION OF DISCRIMINATION 

The enjoyment of the rights and freedoms set forth in this Convention shall be secured without discrimination on any ground such as sex, race, colour, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth or other status.Convention Against Discrimination in Education 1960

Key Rights

Both national and international law prohibit discriminationDirect discrimination is different treatment on a prohibited ground with no justification.Indirect discrimination is discrimination resulting from a rule or practice applied equally to all individuals without differentiation but which has a disproportionate and unjustified adverse impact on members of a particular group or minority. Government can take steps to ensure everyone is on an ‘equal footing.’

Key Rights

The High Court, without ruling on the issue, assumed indirect discrimination was covered by the Human Rights Act 1998 and that it also covered discrimination on grounds of social group. Disadvantage not found.

Judicial Review by Anderson and O Doherty (2002) NIQB 31

International Standards

United Nations Convention on the Rights of the Child - Best interests principle, voice of the child, non-discrimination and education

United Nations Convenant on Economic, Social and Cultural Rights – secondary education in its various forms should be available to all.

European Social Charter -The right to vocational training.

Human rights concerns with the present system

The right not to be denied an education.

Access to common curriculum at primary level.

The right not to tortured or inhumanly or degradingly treated.

The stigmatising and humiliating nature of the test

Human rights concerns with the present system

The right to different types of education.

The lack of variety in the system.

The voice of the child and the best interest principles.

Consultation and recording of child’s views.

Present system unlikely to be compliant with the B/I principle.

Human rights concerns with the present system

The right to equality of opportunity and non-discrimination

The 11 Plus and admissions criteria

Educational attainment after the 11 plus

Northern Irish Context

Proposed Bill of Rights: non-discrimination and right to an effective education.

Section 75: due regard to promote equality of opportunity on 9 grounds including disability.

Section 26: Power of S of S to direct action not be taken by a Minister or Dept if it would be incompatible with international obligations.

Speaker refers all proposed Bills to the NIHRC for consideration