JR87, Re Application for Judicial Review (Rev1) [2022] NIQB 53 (05 July 2022)

JR87, Re Application for Judicial Review (Rev1) [2022] NIQB 53 (05 July 2022)

The statutory framework and core syllabus for religious education and collective worship in Northern Ireland controlled schools are not conveyed in an objective, critical, and pluralistic manner, but rather promote Christianity and encourage its practice. The arrangements breach Article 2 of Protocol 1 ECHR read with Article 9 ECHR by failing to respect the applicants’ rights to education in conformity with their philosophical convictions. The opt-out provision does not cure the lack of pluralism or prevent the risk of indoctrination. The impugned legislation and the Board of Governors’ decision are incompatible with Convention rights.

Citation
[2022] NIQB 53
Parties
Applicants: JR87 (by her mother and next friend) and her father (“G”); First Respondent: Department of Education; Second Respondent: Board of Governors of a school
Jurisdiction
Northern Ireland
Judgment Date
05 July 2022
Procedural Posture
Judicial Review / Final Judgment After Substantive Hearing
Outcome
Application allowed in part; declarations of incompatibility granted.
Legal Topics
Religious Education, Collective Worship, Parental Rights, Freedom of Religion, Pluralism in Education, European Convention on Human Rights, Curriculum Law
Constitutional Law Education Law Human Rights Law Religious Education Collective Worship Parental Rights Freedom of Religion Pluralism in Education +2 more

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Parties

JR87 (by her mother and next friend) and her father (“G”)

Applicants

Department of Education

First Respondent

Board of Governors of a school

Second Respondent

Procedural Posture

Judicial Review / Final Judgment After Substantive Hearing

Legal Issues

  1. 1 Whether the statutory framework for religious education and collective worship in Northern Ireland controlled schools breaches Article 2 of Protocol 1 ECHR (A2P1) read with Article 9 ECHR and other Convention rights;
  2. 2 Whether the core syllabus for religious education and the arrangements for collective worship are compatible with the requirement for objectivity, critical and pluralistic teaching;
  3. 3 Whether the opt-out provision for parents is a sufficient safeguard;

Ratio Decidendi

The statutory framework and core syllabus for religious education and collective worship in Northern Ireland controlled schools are not conveyed in an objective, critical, and pluralistic manner, but rather promote Christianity and encourage its practice. The arrangements breach Article 2 of Protocol 1 ECHR read with Article 9 ECHR by failing to respect the applicants’ rights to education in conformity with their philosophical convictions. The opt-out provision does not cure the lack of pluralism or prevent the risk of indoctrination. The impugned legislation and the Board of Governors’ decision are incompatible with Convention rights.

Court Disposition

Application allowed in part; declarations of incompatibility granted.

Orders

  • Declaration that the statutory provisions and core syllabus for religious education and collective worship in controlled schools are incompatible with Article 2 of Protocol 1 ECHR read with Article 9 ECHR.
  • Declaration that the Board of Governors’ decision is unlawful and incompatible with Convention rights.