RE breaches Human Rights of children

Response to this request is long overdue. By law, under all circumstances, Department of Education (Northern Ireland) should have responded by now (details). You can complain by requesting an internal review.

Dear Department of Education (Northern Ireland),

Could you please provide what law the department and in this case the local NI government has the right to force a child to learn religious education in schools. You do make note that the parent can withdraw the child from it. However this is a clear breach of the Human Rights Act.

Forcing a child to learn RE is unlawful under the Human Rights Act, when Art9 of the Act provides citizens of any age protection from this sort of thing.

The withdrawn of a child from this subject should not only be a parent's choice however the child's choice as well.

Also on your site you state that it's to teach morality which I disagree heavily with as a person does not need to be religious to have morals.

Yours faithfully,

Joe Jordan

Freedom of Information (DENI), Department of Education (Northern Ireland)

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Dear Mr Jordan

 

Thank you for your email requesting details on what law the Department
and/or local government uses to force a child to learn RE in school.

 

Your request was received on the 9 January 2017 and the leaflet enclosed
tells you about the legislation and the procedures which will be followed
in handling your requests.

 

In some circumstances a fee may be payable but if that is the case, you
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queries about this email, please contact the Department. Please remember
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Regards

 

Administrative Support Unit

Departmental Business Services Team

Department of Education

 

[1]http://nics.intranet.nigov.net/sites/def...

 

 

 

 

 

 

 

 

 

 

 

 

References

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Dickson, Jacqueline, Department of Education (Northern Ireland)

Dear Mr Jordan,

Your e mail of 7 January 2017 refers.

In response to your query, I can advise that Religious Education (RE) is a compulsory part of our curriculum and, as per Article 21 of The Education and Libraries (NI) Order 1986, must be non-denominational in controlled schools. The Core Syllabus for RE (published in 2007) was drawn up after wide consultation by a group made up of the four main churches and applies in all grant-aided schools.

Collective worship is governed by Article 21 of The Education and Libraries (NI) Order 1986 which requires the school day to include collective worship in grant-aided schools. It is for Boards of Governors, in consultation with the school trustees and the principal, to decide the arrangements for school assemblies and collective worship, having regard to the ethos of the school and its registered pupils.

Since all pupils including those above compulsory school age are registered at school, the need for parental consent to be excused from RE or collective worship would still be required as defined by Article 21(5) of The Education and Libraries (NI) Order 1986:

“If the parent of any pupil requests that the pupil should be wholly or partly excused from attendance at religious education or collective worship or from both, then, until the request is withdrawn, the pupil shall be excused from such attendance in accordance with the request”.

Regards,

Jackie Dickson
Curriculum Team

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Dear Dickson, Jacqueline,

Thank you for your reply however this just confirms that the Department is knowingly breaching the child's Human Rights.

Under the Human Rights Act it states that "Everyone has the right to freedom of thought, conscience and religion", it does not state that you have to be the age of an adult. This means that the department of education can not legally force religious views onto Children . And that going by other Articles of the Human Rights Act states that the rights of others can not legally
take away the rights of another.

Is there any lawful law (law that can breach another law) why a child can not remove themselves from RE? As this right is protected by the above law and both the government and the school system can not take away the rights of a child.

Yours sincerely,

Joe Jordan

Dickson, Jacqueline, Department of Education (Northern Ireland)

Dear Mr Jordan

Thank you for your email of 10 January 2017.

In response, the Department does not believe that Article 21 of The Education and Libraries (NI) Order 1986 infringes the human rights of pupils. The right to exercise, or manifest, one’s religion or belief will not generally be considered to be interfered with if a person is left with a choice, to be exercised personally, or in the case of children, by a parent. In the school setting, pupils are encouraged, through the curriculum, to develop their own thinking skills, opinions and ideas, and are not obliged to follow any particular religious denomination.

It is worth bearing in mind that as a qualified right, Article 9 can be limited, so long as the limitation:
•is prescribed by law;
•is necessary and proportionate; and
•pursues a legitimate aim, namely: ◦the interests of public safety; ◦the protection of public order, health or morals; or ◦the protection of the rights and freedoms of others

I would also point out that the school at which a child attends is chosen by the pupil and parents, not by the Department. In making that choice, there would be an acceptance of the ethos of the school.

I trust you find this response helpful.

Regards,

Jackie Dickson
Curriculum Team

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Dear Dickson, Jacqueline,

Has the department checked with a number of solicitors and human rights commissioner (NI, UK and European), that forcing a child to learn RE does breach their rights.

Children have the same amount of rights by the Human Rights Act that an adult would have. As such the Education system does not legally require the child's parent to say no when the child already made a lawful request not to take part. Also the child is forced to attend these classes, if they fail to attend then they would have been kept after school (which again breaks the law as a person has the right to a fair trial and their freedom being affected).

I disagree with that the department believes that the The Education and Libraries (NI) Order 1986 doesn't breach the Human Rights Act. As the education system is forcing religious views onto people that didn't want to learn it, the right of the freedom of choice and their own thinking has been affected by the government in this case. As such the department has breached the Human Rights Act.

You comments of the limiting factors does not apply in this case, and the reason why I didn't include them. But since you included them we can go into them;

•is prescribed by law; This means that you cant force your religion onto someone else and then if you are told to stop you cant claim that its breaching your Human Rights.
•necessary - It is not legally necessary for a child to be brain washed to learn RE when they have no interest in learning about stories.
•pursues a legitimate aim, - there is no legitimate aim towards teaching children RE in schools.
•morals, the bible states that it is lawful under Gods eyes to action horrible actions against others.
•the protection of the rights and freedoms of others - this just confirms that the rights of the child can't be breached by the school system or the government. So your point at the start is voided.

You last comment of both the pupil and parents chose the school to attend however if the department via the government has passed a "law" that forces a child to learn RE regardless of what school they attending then your comment is clearly trying to lay the blame of being forced to do RE onto the child and the parent.

Yours sincerely,

Joe Jordan