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Equality in the Constitution

  • 16-10-2013 8:23pm
    #1
    dpp v mcgee
    Closed Accounts Posts: 77 ✭✭


    I'm trying to understand the concept of equality in the Irish Constitution. Discrimination where discrimination is just seems to be provided for within the constitution but I can't understand why for example the church are allowed to segregate schools according to sex.
    Is it not the case that where the constitution conflicts with religious beliefs the constitution ought to prevail or am I missing something?


Comments

  • #2
    Tom Young
    Legal Moderators, Society & Culture Moderators Posts: 4,338 Mod ✭✭✭✭Tom Young


    The best case to exemplify the concept is this one: http://www.courts.ie/Judgments.nsf/f69fbd31c73dda2580256cd400020877/d1ea2511fcefcb60802579ad005046d6?OpenDocument aka: Forbidden Fruit case.


  • #3
    johnnyskeleton
    Moderators, Entertainment Moderators, Politics Moderators Posts: 14,535 Mod ✭✭✭✭johnnyskeleton


    dpp v mcgee wrote: »
    I'm trying to understand the concept of equality in the Irish Constitution. Discrimination where discrimination is just seems to be provided for within the constitution but I can't understand why for example the church are allowed to segregate schools according to sex.
    Is it not the case that where the constitution conflicts with religious beliefs the constitution ought to prevail or am I missing something?

    The constitutional guarantee is that the state in its laws shall not discriminate and shall, insofar as practicable, vindicate those rights.

    So when you are dealing with private bodies, albeit with public funding, it is the latter not the former you are dealing with.

    In this scenario, the schools are discriminating, but they are doing so for reasons which can be objectively justified (even if you and I don't agree with then) on the basis of differences of capacity or retaining a certain ethos.

    Besides, change is a slow train and I doubt our children's children will even have a choice of a same sex school.


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