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United Nations Treaties
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Date of admission to UN: 14 December 1955.
- International Covenant on Economic Social and Cultural Rights - ICESCR
Ratified: 8 December 1989.
Reports submitted/due: 2/2
Reservation: Ireland recognises the inalienable right and duty of parents to provide for the education of children, and, while recognising the State's obligations to provide for free primary education and requiring that children receive a certain minimum education, nevertheless reserves the right to allow parents to provide for the education of their children in their homes provided that these minimum standards are observed.
- International Covenant on Civil and Political Rights - ICCPR
Acceded: 4 October 1991.
Reports submitted/due: 0/2
No reservation related to the right to education.
Optional Protocol: Acceded: 8 December 1989.
- International Convention on the Elimination of all Forms of Racial Discrimination - CERD
Ratified: 29 December 2000.
Reports submitted/due: 0/0
No reservation related to the right to education.
- Convention on the Elimination of All Forms of Racial Discrimination - CEDAW
Acceded: 23 December 1985.
Reports submitted/due: 3/4
No reservation related to the right to education.
- Convention on the Rights of the Child - CRC
Ratified: 28 September 1992.
Reports submitted/due: 1/2
No reservations.
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ILO treaties
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ILO 87 Freedom of Association and Protection of the Right to Organise Convention (1948) - date of ratification: 04.06.1955
ILO 98 Right to Organise and Collective Bargaining Convention (1949) - date of ratification: 04.06.1955
ILO 111 Convention concerning Discrimination in Respect of Employment and Occupation (1958) - date of ratification: 22.04.1999
ILO 138 Minimum Age Convention (1973) - date of ratification: 22.06.1978.
ILO 182 Worst Forms of Child Labour Convention (1999) - date of ratification: 20.12.1999
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European System
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Convention for the Protection of Human Rights and Fundamental Freedoms - European Convention - ECHR
Date of Ratification: 25.02.1953
No reservation related to the right to education.
Protocol Nº 01 to the European Convention
Date of Ratification: 25.02.1953
Declaration: At the time of signing the (First) Protocol the Irish Delegate puts on record that, in the view of the Irish Government, Article 2 of the Protocol is not sufficiently explicit in ensuring to parents the right to provide education for their children in their homes or in schools of the parents' own choice, whether or not such schools are private schools or are schools recognised or established by the State.
European Social Charter (revised)
Date of Ratification: 04.11.2000
Additional Protocol to the European Social Charter providing for a System of Collective Complaints (158)
Date of Ratification: 04.11.2000
Framework Convention for the Protection of National Minorities
Date of Ratification: 07.05.1999
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Constitutional Guarantees
of the right to education
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Date of adoption/date of entry into force - 29 December 1937
Relevant Provisions
(…)
Fundamental rights
Education
Art.42
(1) The State acknowledges that the primary and natural educator of the child is the family and guarantees to respect the inalienable right and duty of parents to provide, according to their means, for the religious and moral, intellectual, physical and social education of their children.
(2) Parents shall be free to provide this education in their homes or in private schools or in schools recognized or established by the State.
(3) (3.1) The State shall not oblige parents in violation of their conscience and lawful preference to send their children to schools established by the State, or to any particular type of school designated by the State.
(3.2) The State shall, however, as guardian of the common good, require in view of actual conditions that the children receive a certain minimum education, moral, intellectual and social.
(1) The State shall provide for free primary education and shall endeavor to supplement and give reasonable aid to private and corporate educational initiative, and, when the public good requires it, provide other educational facilities or institutions with due regard, however, for the rights of parents, especially in the matter of religious and moral formation.
In exceptional cases, where the parents for physical or moral reasons fail in their duty towards their children, the State as guardian of the common good, by appropriate means shall endeavor to supply the place of the parents, but always with due regard for the natural and imprescriptible rights of the child.
Religion
Art.44
(2.4) Legislation providing State aid for schools shall not discriminate between schools under the management of different religious denominations, nor be such as to affect prejudicially the right of any child to attend a school receiving public money without attending religious instruction at that school.
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