Simone Lawson
The Irish Constitution, drafted in 1936 and 1937, explicitly mentions religion and includes articles that protect the free practice of religion and freedom from religious discrimination. Article 44 of the Constitution guarantees freedom of conscience and the free profession and practice of religion. It prohibits the state from endowing or favouring any religion and from discriminating on the grounds of religion. While the Constitution initially gave the Catholic Church a special position, this was removed in 1972, and the Constitution now provides for freedom of religion for all faiths.
| Characteristics | Values |
|---|---|
| Freedom of religion | Yes, Article 44 of the Irish Constitution upholds the values of freedom of conscience and free practice and profession of religion, subject to public order and morality. |
| Freedom from religious discrimination | Yes, Article 44 prohibits the state from discriminating on the grounds of religious profession, belief, or status. |
| Prohibition on state endorsement of religion | Yes, Article 44 prohibits the state from endowing or favouring any religion. |
| Right to education | Yes, the state must contribute towards primary education, and parents have the right to choose the type of education for their children, including religious education. |
| Freedom of movement | Yes, individuals have the right to move freely within the state and to travel outside the state. |
| Right to liberty | Yes, individuals have the right to liberty and freedom, except in accordance with the law. |
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What You'll Learn
Freedom to practice religion
The Irish Constitution, or Bunreacht na hÉireann, is the fundamental legal document that sets out how Ireland should be governed and outlines the rights of Irish citizens. The Constitution contains specific articles on education, religion, and the family, which affect how education is organised.
Article 44 of the Constitution deals with religion and guarantees freedom of conscience and the free profession and practice of religion. The State cannot endow religion or discriminate on the basis of religious profession, belief, or status. This means that the state may not endorse any particular religion and guarantees freedom of religion.
Subject to public order and morality, a person is free to practise and profess the religion of their choice in accordance with their conscience. They may profess no belief or abstain from the practice of any particular religion. A person cannot be coerced or compelled to act contrary to their conscience regarding the practice of religion. However, if an action is otherwise unlawful, it is not protected, even if it is mandated or required by their religion.
The right to religious liberty may be limited to protect public order and morality. For example, the Supreme Court accepted that an outright ban on religious advertising did not prejudice or affect a person's right to freedom of religion. The Constitution also includes a prohibition on state endowment of religion, which is a de facto non-establishment clause.
The Constitution also guarantees the right of parents to be the main and natural educators of their children. The State must respect the right of parents to provide for the religious, moral, intellectual, physical, and social education of their children. The State cannot oblige parents to send their children to school or to any particular type of school, but it may require that children receive a minimum level of education. State aid for schools must not discriminate between schools of different religions, and every child has the right to attend a denominational school receiving state funding without having to participate in religious instruction.
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Freedom of conscience
The Irish Constitution, or Bunreacht na hÉireann, is the fundamental legal document that sets out how Ireland should be governed and outlines the rights of Irish citizens. The Constitution contains specific articles on education, religion, and the family, which affect how education is organised.
Article 44 of the Constitution deals with religion. It guarantees freedom of conscience and the free profession and practice of religion. This means that, subject to public order and morality, a person is free to practise and profess the religion of their choice in accordance with their conscience. They may also profess no belief or abstain from the practice of any particular religion. The Constitution also states that a person shall not be coerced or compelled to act contrary to their conscience with regard to the practice of religion. However, it is important to note that this does not extend to unlawful activities, even if they are mandated or required by an individual's religion.
The State is prohibited from endowing or favouring any religion and must not discriminate on the grounds of religious profession, belief, or status. This includes a ban on religious discrimination in state-funded schools. Every child has the right to attend a denominational school receiving state funding without having to participate in religious instruction. While the Constitution guarantees the right of parents to provide for the religious education of their children, it also affirms the right to choose not to send children to school or to any particular type of school.
The interpretation and application of these provisions have been influenced by the historical entanglement of the Irish State with the Catholic Church. The original 1937 Constitution gave the Catholic Church a "special position" while also recognising other Christian denominations and Judaism. However, in 1972, the Fifth Amendment deleted the article naming specific religious groups, reflecting a trend towards secularism in Irish society. Despite this amendment, the lingering influence of religion can still be seen in the courts' interpretations, with freedom of religion practice sometimes prioritised over non-discrimination provisions.
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No state endorsement of religion
The Irish Constitution, or Bunreacht na hÉireann, is the fundamental legal document that sets out how Ireland should be governed and the rights of Irish citizens. It contains specific articles on education, religion, and the family, which affect how education is organised.
Article 44 of the Constitution deals with religion and states that the state acknowledges that the homage of public worship is due to Almighty God. It also provides for freedom of conscience and the free practice and profession of religion, subject to public order and morality. Importantly, it includes a prohibition on state endowment of religion and a guarantee that the state shall not discriminate on the grounds of religion. This means that the state cannot endow or favour any particular religion and must respect the freedom of citizens to practice their chosen religion.
The inclusion of these provisions in the Constitution reflects a trend seen in other European countries during the same period, where constitution drafters and lawmakers explicitly recognised religion in their constitutions. The Irish Constitution was drafted in 1936 and 1937 by Éamon de Valera and his advisers, including John Charles McQuaid, the future Archbishop of Dublin. They faced conflicting demands, with conservative Roman Catholics demanding that Catholicism be established as the state religion, while Protestants feared discrimination. As a compromise, the original Constitution gave the Catholic Church a "special position" as the church of the majority while also recognising other Christian denominations and Judaism.
However, in the late twentieth century, Ireland underwent a period of legal secularisation. In 1972, the fifth amendment of the Constitution deleted the article naming specific religious groups, including the Catholic Church. This amendment was proposed by Fianna Fáil Taoiseach Jack Lynch and signed into law by President Éamon de Valera, who had drafted the original article. The deletion of this article was seen as a step towards improving north-south relations and addressing potential discrimination against minorities.
Despite these amendments, the influence of religion, particularly Catholicism, can still be seen in the interpretation and application of the Constitution. For example, in the case of Quinn Supermarkets v. Attorney General (1972), the Supreme Court held that discrimination in favour of religion could be allowed or even required by the Constitution to enable the free practice of religion. Additionally, while the Constitution prohibits the endowment of religion, the Supreme Court has upheld the constitutionality of providing public funding to denominational schools and paying chaplains in community schools.
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No religious discrimination
The Irish Constitution, or Bunreacht na hÉireann, is the fundamental legal document that sets out how Ireland should be governed and the rights of its citizens. The Constitution includes robust rights that protect the free practice of religion and freedom from religious discrimination, which protects citizens of all faiths.
Article 44 of the Constitution deals with religion and states that the state "shall not impose any disabilities or make any discrimination on the grounds of religious profession, belief or status". This means that the state cannot discriminate against you because of your religion, nor can it favour one religion over another. This is further reflected in the provision of state-funded schools, where state aid cannot discriminate between schools of different religious denominations.
The Constitution also guarantees the right to liberty and freedom, except in accordance with the law. This means that you are entitled to your own personal freedom, including the freedom to practise your religion, except where regulated by law. This right to religious liberty may be limited to protect public order and morality.
The Constitution also guarantees the right of parents to provide for the religious, moral, intellectual, physical, and social education of their children. The state cannot oblige parents to send their children to school or to a particular type of school, but it may require that children receive a certain minimum education. Parents have the right to have religious education provided in schools attended by their children, and children have the right to attend a denominational school receiving state funding without having to participate in religious instruction.
While the Constitution provides for freedom of religion and prohibits religious discrimination, the interpretation and application of these provisions by the courts have prioritised the freedom to practise religion over non-discrimination. For example, in the case of Quinn Supermarkets v. Attorney General (1972), the Supreme Court held that discrimination in favour of religion to enable the free practice of religion was not only allowed but might be required by the Constitution. This interpretation has been criticised by some as inconsistent with the secular nature of the Constitution and as potentially discriminatory against those who do not hold religious beliefs.
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Parents' right to provide religious education
The Irish Constitution, or Bunreacht na hÉireann, is the fundamental legal document that sets out how Ireland should be governed and the rights of Irish citizens. It contains specific articles on education, religion, and the family, which affect how education is organised.
Article 44 of the Constitution deals with religion and provides for freedom of conscience and the free practice and profession of religion, subject to public order and morality. It prohibits state endowment of religion and guarantees that the state shall not discriminate on the grounds of religion.
Article 42 of the Constitution acknowledges that the primary and natural educator of a child is the family. It guarantees to respect the inalienable right and duty of parents to provide for the religious, moral, intellectual, physical, and social education of their children. This means that parents are free to provide this education in their homes, in private schools, or in schools recognised or established by the state.
The Constitution also provides for free primary education, and the state must contribute towards children's primary education. State aid for schools must not discriminate between schools of different religions, and every child has the right to attend a denominational school receiving state funding without having to participate in religious instruction.
However, the influence of religion on relationships and sexuality education (RSE) in schools can be problematic for many parents, irrespective of their beliefs. For example, the Flourish RSE programme teaches children that "Puberty is a gift from God" and that the church's teaching on marriage between a man and a woman "cannot be omitted". While parents have the right to withdraw their children from religious instruction, the school ethos can also affect other parts of school life.
In conclusion, while the Irish Constitution provides for freedom of religion and the right of parents to provide for the religious education of their children, the influence of religion in the education system can still be pervasive. Parents may feel pressured to allow their children to receive religious instruction, and the interpretation and application of constitutional rights can be complex, as demonstrated by court cases on this issue.
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Frequently asked questions
Yes, Article 44 of the Irish Constitution guarantees freedom of conscience and the free profession and practice of religion.
Article 44 states that the state cannot endow or favour any religion and cannot discriminate on the grounds of religion. It also says that the state shall respect and honour religion.
A person's right to religious liberty may be limited to protect public order and morality. For example, in the case of Murphy v IRTC, the Supreme Court accepted that an outright ban on religious advertising did not prejudice or affect a person's right to freedom of religion.
The state must respect parents' right to provide for the religious, moral, intellectual, physical, and social education of their children. The state cannot oblige parents to send their children to school or to a particular type of school, but it may require that children receive a certain minimum education. Every child has the right to attend a denominational school receiving state funding without having to participate in religious instruction.
While many schools in Ireland are run by religious organizations but funded by the state, parents can ask for their children to be excluded from religious study. Religious studies as a subject were introduced into the state-administered Junior Certificate in 2001, but it is not compulsory and deals with aspects of different religions, not focusing on one particular religion.
