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Editorial
Hospitals and Schools, Church and State
Atheist Ireland made a submission this week to the Joint Oireachtas Health Committee about the National Maternity Hospital, and also published an analyses of why parents have a Constitutional right to decide the religious and moral education of their children.
With regard to the National maternity Hospital, St. Vincent’s have refused a Freedom of Information request to make public the Ethical Code of the Religious Sisters of Charity, but the Code of Ethical Standards for Healthcare of the Irish Catholic Bishops’ Conference was published in 2018.
The Bishops say in this Code that ‘if a particular law conflicts with the fundamental and inalienable rights of the human person… it conflicts with the common good and with reason and does not command obedience.’
How could a Catholic institution carry out terminations and still be called a Catholic institution, and provide patient care through the Ethical code of the Sisters of Charity, and comply with the Code of ethical standards for Healthcare of the Catholic Bishops?
With regard to schools, the Department of Education, patron bodies, the NCCA, and even the TUI claim that the State curriculum on religious education is suitable religious and moral education for students from from all backgrounds.
But parents have a Constitutional right to decide the religious and moral education and formation of their children. Also, State funding of schools has a constitutional condition that the schools respect the rights of parents for their children to not attend religious instruction.
The Department of Education is ignoring the findings of the Supreme Court and consequently breaching the rights of non religious parents in relation to the religious and moral education and formation of their children. Atheist Ireland is addressing this issue with the Department, two Oireachtas Committees, and the Comptroller and Auditor General.
As always, you can help us to continue this work by joining Atheist Ireland as a member, or by asking anybody who you think may be interested in joining us to do so. We are an entirely voluntary body with no paid staff, and we depend on our members to continue our work. You can join Atheist Ireland here.
– Secular Sunday Editorial Team
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Éire Aindiach
Éire Aindiach
Chun ár gcuid feachtais a leathnú agus a neartú, tá sé beartaithe ag Éire Aindiach níos mó úsáid a bhaint as an Ghaeilge.
Ba mhaith linn meitheal a eagrú, chun cuidiú le:
- Polasaithe agus feachtais Éire Aindiach a phlé ar an raidió nó ar an teilifís
- Cuidiú le doiciméid ghaeilge a scríobh
- Bualadh le polaiteoirí chun stocaireacht a dhéanamh
Táimid i mbun aistriúcháin a dhéanamh ar dhoiciméid polasaí faoi láthair, agus teastaíonn cabhair uainn le aistriúchán agus profáil. Más maith leat bheith páirteach san iarracht seo, cur ríomhphost chugainn ag gaeilge@atheist.ie.
English translation:
To broaden and strengthen our campaigns, Atheist Ireland have undertaken to make more use of the Irish language.
We are looking to assemble a group of volunteers, to help with:
- Discussing our policies and campaigns on radio or tv
- Helping to write documents in Irish
- Meeting with politicians to lobby them
We are in the process of translating policy documents at the moment, and we need some help with translating and proofreading. If you would like to assist with this effort, please email us at gaeilge@atheist.ie.
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Atheist Ireland News
The National Maternity Hospital and the Catholic Bishops’ Code of Ethics for Healthcare
Atheist Ireland has made the following submission to the Joint Oireachtas Health Committee on Constitutional issues regarding the National Maternity Hospital and the Irish Catholic Bishops’ Code of Ethical Standards for Healthcare.
Contents
1. Introduction to Atheist Ireland
2. Article 44.2.5 of the Constitution and Religious Denominations
3. St Vincent’s Holdings and Healthcare Group
4. Irish Catholic Bishops’ Code of Ethical Standards for Healthcare
5. Article 44.2.5 of the Constitution and St Vincents
6. ‘Formal Cooperation in Wrongdoing’ and ‘Scandal’ in the Catholic Code
7. The Supreme Court in the matter of Section 37
8. Concluding questions
1. Introduction to Atheist Ireland
Atheist Ireland promotes atheism, reason, and an ethical, secular society. Since being formed in late 2008, we have campaigned for a secular Irish constitution, parliament, laws, government, and education and healthcare systems. We are partners in the dialogue process between the Government and religious and nonreligious bodies. We have addressed various Oireachtas Committees, the Constitutional Convention, Citizens Assembly, United Nations Committees, the OSCE, Council of Europe bodies, and the Presidents of the European Union.
2. Article 44.2.5 of the Constitution and Religious Denominations
We are making this submission in relation to the National Maternity Hospital and St. Vincent’s. We are concerned about the Constitutional issues around the availability of reproductive rights in the hospital. Our Constitution was heavily influenced by Catholic Church teaching. There are Articles in our Constitution that protect the interests of charitable institutions with a religious purpose.
Article 44.2.5 states that:
“Every religious denomination shall have the right to manage its own affairs, own, acquire and administer property, movable and immovable, and maintain institutions for religious or charitable purposes.”
But what is a ‘religious denomination’ in this context, and how can it ‘manage its own affairs’? The Supreme Court examined this question in 1997, when it was testing the constitutionality of Section 37 of the Employment Equality Act. In that case the Supreme Court found that:
“The term ‘religious denomination’, was therefore intended to be a generic term wide enough to cover the various churches, religious societies or religious congregations under whatever name they wished to describe themselves.
These various religious denominations may control religious, educational or medical institutions, whether directly or through a board of guardians or trustees and it appears to the Court that these are the religious educational and medical institutions referred to in s. 37. sub-s. 1 of the Bill and that they are also governed by the phrase ‘institutions for religious or charitable purposes’ referred to in Article 44, s. 2 sub-s. 5 of the Constitution.”
3. St Vincent’s Holdings and Healthcare Group
We accept that the proposed structure for owning and running the planned new maternity hospital is complicated. The Religious Sisters of Charity currently own the land as Catholic Church property, and the Vatican has to authorise any change in its use.
If the deal goes through, there would be a series of companies, with a new St. Vincent’s Holdings becoming shareholders of St. Vincent’s Healthcare Group, which would include the new National Maternity Hospital and three other existing hospitals.
The main registered charitable object of St. Vincents Holdings is:
“to advance healthcare in Ireland… by promoting medical education, medical research and patient care… through the St. Vincent’s Healthcare Group and to reflect compliance with national and international best practice guidelines on medical ethics and the laws of Ireland through the provision of support to companies which are registered as charities… and which are the Company’s subsidiaries.”
The registered charitable objects of St. Vincent’s Healthcare Group include:
“1. To provide Inpatient and outpatient healthcare services on the campus of SVHG Ltd i.e. St. Vincent’s University Hospital, St. Michael’s Hospital, Dun Laoghaire and St. Vincent’s Private Hospital. 2 To conduct and maintain the Facilities in accordance with the Health Care Philosophy and Ethical Code of the Religious Sisters of Charity.”
The Health Care Philosophy and Ethical Code of the Religious Sisters of Charity is not available on line. St. Vincent’s University Hospital have this document but have refused to release it under the Freedom of Information Act.
One of the reasons for refusal was they said that the record in question is a document which was developed by and relates to the Religious Sisters of Charity and the Sisters don’t come under the FOI Act. They also said that this record has been superseded by a new ethical code. This issue is now with the Information Commissioner.
Private religious institutions such as the Sisters of Charity do not come under the FOI Act. The response to the FOI request from St. Vincent’s raises further questions because St. Vincent’s Holdings still promote patient care through St. Vincent’s Healthcare Group, which has its own ethical code.
St. Vincent’s Holdings state that they have updated their ethical code. That updated ethical code does not give assurance that full reproductive healthcare will take place. St. Vincent’s Holdings will still be promoting patient care through the St. Vincent’s Healthcare Group and the Health Care Philosophy and Ethical Code of the Religious Sisters of Charity.
The Department of Health response to the FOI request for the Document said that they did not have the Document despite the fact that it was part of the negotiations and the fact that St. Vincent’s Holdings promote patient care through St. Vincent’s Healthcare Group.
Read online…
Parents have a Constitutional right to decide the religious and moral education of their children
The recent Burke v Minister for Education case at the Supreme Court has upheld the constitutional rights of parents in relation to the religious and moral education and formation of their children.
The Supreme Court referred particularly to the provision in Article 42.4 of the Constitution which obliges the state to have due regard for the rights of parents especially in the matter of religious and moral formation.
The court said that this provision reflects a concern for upholding parental authority; a foundational pillar of the Constitution that accords with Article 41 recognising the family as “the natural primary and fundamental unit group of’ Irish Society.
Church and State have for years refused to recognise that atheist, humanist and secular families have the exact same rights as religious families under the Constitution.
State ignores the rights of non religious parents
The Department of Education, various patron bodies, the NCCA decide for non religious parents what is or is not suitable religious and moral education and formation for their children.
For example the Religious Education course at second level seeks to develop values in students to enable them to see the relevance of religion to their lives. Many parents object on conscience grounds to this course.
Despite this the Department of Education, the various patron bodies, the NCCA, and even the TUI claim that it is suitable religious and moral education for students from from all backgrounds.
But they have absolutely no right to decide this for parents. None of these groups are mentioned in Article 41 or Article 42 of the Constitution. The right belongs to parents, not any of these groups.
It is not up to the Department of Education to decide this for parents and the Supreme Court has again made this quite clear.
In the Campaign to Separate Church and State case in 1998 the Supreme Court outlined the rights of all parents in relation to the religious and moral education and formation of their children. The Department of Education just ignored the Supreme Court in 1998 and the court has again upheld the rights of parents in the Burke case at the Supreme Court.
In addition the Supreme Court has said that Article 42.1 and Article 42.2 must be read in the context of Article 44.2.4 which gives parents the right to ensure that their children do not attend any religious instruction.
If the Supreme Court has linked the rights of parents under Article 42.1 and Article 42.2 with the right to ‘not attend’ religious instruction why does the Department of Education claim that the constitutional right to not attend religious instruction is confined to not attending religious instruction according to the rites of a particular religion?
Their view on this issue clearly undermines the constitutional right of parents in relation to the education of their children and is not in accordance with the findings of the Supreme Court.
Parents have a right to ensure their children do not attend any religion class
Parents have a constitutional right to ensure that their children do not attend any type of religous instruction. The right to not attend religious instruction is a condition of State funding and consequently students have a right to supervision outside the classroom and there is a good legal argument for getting another subject.
The Department of Education is clearly ignoring the findings of the Supreme Court and consequently breaching the rights of non religious parents in relation to the religious and moral education and formation of their children.
The Supreme Court in the Burke case stated that:
4. It is clear that a right inures to the family under Article 42.1 of the Constitution to be the “primary and natural educator of the child” and the State is required “to respect the inalienable right and duty of parents to provide … for the religious and moral, intellectual, physical and social education of their children.” Hence, under Article 42.2, the mother and father of Elijah Burke and Naomi Power were “free to provide this education in their homes or in private schools or in schools recognised or established by the State.”
But, while under Article 42.3 the State may require, “as guardian of the common good”, that “children receive a certain minimum education, moral, intellectual and social” (physical is not mentioned, and the minimum standard required is currently set at school leaver-standard for a 16 year old), the State cannot “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.”
Article 42.4, in requiring the State to provide for “free primary education”, also places an endeavour, but only that, before the State “to supplement and give reasonable aid to private and corporate educational initiative” and “when the public good requires it” towards “other educational facilities or institutions”.
An overall saver in the constitutional text is that the State, in providing for free primary education and in endeavouring to assist post-primary education in various forms, have “due regard … for the rights of parents, especially in the matter of religious and moral formation.” This provision reflects a concern for upholding parental authority; a foundational pillar of the Constitution that accords with Article 41 recognising the family as “the natural primary and fundamental unit group of” Irish society. Hence, society is built around the family.
Justice Barrington in the Campaign case at the Supreme Court stated that:
“These references appear to me to establish two facts. First the Constitution does not contemplate that the payment of monies to a denominational school for educational purposes is an “endowment” of religion within the meaning of Article 44 S.2 s.s.2 of the Constitution. Secondly, the Constitution contemplated that if a school was in receipt of public funds any child, no matter what his religion, would be entitled to attend it. But such a child was to have the right not to attend any course of religious instruction at the school.” (page 24)
“But the matter does not end there. Article 42 of the Constitution acknowledges that the primary and natural educator of the child is the family and guarantees to respect the inalienable right and duty of the parents of provide for the religious and moral, intellectual, physical and social education of their children. Article 42 S.2 prescribes that the parents shall be free to provide “this education” (i.e religious moral intellectual physical and social education) in their homes or in private schools or “in schools recognized or established by the State”. In other words the Constitution contemplates children receiving religious education in schools recognized or established by the State but in accordance with the wishes of the parents.(page 25)
It is in this context that one must read Article 44 S.2s.s.4 which prescribes that: ….”
Atheist Ireland is campaigning for the constitutional and human rights of parents and we will continue to hold the Department of Education accountable for refusing to comply with the Supreme Court. Read online…
State ignores Constitutional conditions for funding schools
The vast majority of schools in Ireland are publicly funded Catholic schools. Under the Constitution the State can fund Catholic schools under certain conditions. The Constitutional conditions for this state funding are:
- That all publicly funded schools must respect the constitutional right of parents in relation to the religious and moral formation of their children (Article 42.4)
- That all students have a right to not attend religious instruction (Article 44.2.4)
- The State cannot discriminate between various religious bodies when funding schools.
The Constitution says that the State can ‘endeavour’ to fund private religious schools as long as the rights of all parents are protected (Article 42.4).
Many people believe that they have an absolute Constitutional right to a Catholic education for their children without any conditions on state funding, that is simply not the case.
In the recent Burke case at the Supreme Court the court stated that:-
Article 42.4, in requiring the State to provide for “free primary education”, also places an endeavour, but only that, before the State “to supplement and give reasonable aid to private and corporate educational initiative” and “when the public good requires it” towards “other educational facilities or institutions”.
An overall saver in the constitutional text is that the State, in providing for free primary education and in endeavouring to assist post-primary education in various forms, have “due regard … for the rights of parents, especially in the matter of religious and moral formation.”
This provision reflects a concern for upholding parental authority; a foundational pillar of the Constitution that accords with Article 41 recognising the family as “the natural primary and fundamental unit group of” Irish society. Hence, society is built around the family.”
The Supreme Court outlined that the state was obliged to ‘endeavour’ and only that, to supplement and give reasonable aid to private and corporate educational initiative, while it must protect the Constitutional right of parents in relation to the religious and moral formation of their children, a foundational pillar of the Constitution.
They Supreme Court also said that the purpose of Article 42.4 was to protect parental authority in relation to the religious and moral formation of their children. It is parents who get to decide on the religious and moral formation of their children in publicly funded schools, and this is a condition of the funding of those schools.
This is not a matter of balancing rights within publicly funded schools, because these Constitutional rights are a condition of State funding. The State needs only ‘endeavour’ to fund these schools, and only if the Constitutional conditions in relation to the rights of parents and students are protected and guaranteed.
It is a great position to be in when you get to decide on how to administer the Constitutional conditions of the funding that you recieve from the State. This is where the power and control of the Catholic Church comes into its own, and where the State sits back and does nothing while private bodies administer the Constitutional rights of others according to their own mission.
The right to not attend religious instruction, and the right of parents in relation to the religious and moral formation of their children in publicly funded schools, have been undermined by the failure of the Department of Education to administer Constitutional rights.
There has been an excess of jurisdiction in the Department of Education in handing over the administration of fundamental Constitutional rights to schools, to administer according to their own ethos and views, in relation to the religious and moral formation of students and the right to not attend religious instruction.
Atheist Ireland is campaigning for the constitutional rights of parents and their children and we will continue to hold the Department of Education responsible for their failure to protect and administer Constitutional rights. Read more…
No Non Denominational Schools
There are no non denominational schools in Ireland. The terms denominational, multi- denominational and interdenominational mean different things to different patron bodies. These terms are not legally defined. From our submission to the UN.



Calling concerned teachers
If you are a teacher and concerned about unwanted religious influence contact Chris at teachers@atheist.ie
List of Atheist Ireland Submissions
Buy this book “Is My Family Odd About Gods?”
**Schools Special Offer**
Atheist Ireland are offering the book ‘Is my family odd about gods‘ free (excluding postage and packaging). This means that you can get this book for the total price of 10 euro. This offer is aimed at families with school going children, who would like to read this book. This offer is limited to one book per family unit and for postage within Ireland only. Read more…

Have you noticed that your school and your teachers may tell you one thing about religion, while some of your friends and family may have different ideas about god?
If you think that this is a little odd, then this book is for you. Buy this book here.
Lessons about Atheism
Atheist Ireland has published a set of free lesson plans about atheism for children aged 8 and up. We welcome feedback, which we will use to develop the lessons. You can download the lesson plans here
Be Good without Gods
Atheist Ireland ‘Good Without Gods’ Kiva team members have made loans of $35,925 to 1250 entrepreneurs in the developing world. You can join the team here. Before you chose a loan, make sure you do not support religious groups. You can check the loan partner’s social and secular rating here.
Notme.ie
Atheist Ireland’s ‘notme.ie‘ is a place where people can publicly renounce the religion of their childhood. Currently there are 1913 symbolic defections. Many share their reasons for making a public symbolic defection which you can read here.
Petition on Schools Equality PACT
Atheist Ireland currently runs one petition – The Schools Equality PACT. This seeks to reform religious discrimination in state-funded schools. Currently this stands at 4,108 Help us reach it’s target of 5000. Please sign and share this petition if you haven’t already done so. Thank you.
Tell us what you think
Have you any feedback that you would like to give us on the Secular Sunday newsletter. What are we getting right? What could we improve on? Is there something you would like to see included? Drop us an email at secularsunday@atheist.ie.
Please consider joining or re-joining Atheist Ireland
Atheist Ireland is an entirely volunteer run organisation. We receive no grants or government funding to continue our campaign work. We rely entirely on membership fess and donations.
Annual membership is nominal; €25 waged, €10 unwaged/student and €40 for family membership. Please consider becoming a member. Membership means:
- You can help to build an ethical and secular Ireland.
- You have a say in determining policy and electing officers.
- You can attend members meetings and our AGM.
- You will have access to our members only Facebook group
- Your membership fee will go towards supporting our many campaigns.
You can join Atheist Ireland here.
Thank you for your continued support
Atheist Ireland Committee
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Census 2022
Two weeks to the Census on Sunday 3 April. If you’re not religious, mark ‘No Religion’.

15 days to the Census on Sunday 3 April. If you’re not religious, mark ‘No Religion’.

16 days to the Census on Sunday 3 April. If you’re not religious, mark ‘No Religion’.

17 days to the Census on Sunday 3 April. If you’re not religious, mark ‘No Religion’.

18 days to the Census on Sunday 3 April. If you’re not religious, mark ‘No Religion’.

19 days to the Census on Sunday 3 April. If you’re not religious, mark ‘No Religion’.

20 days to the Census on Sunday 3 April. If you’re not religious, mark ‘No Religion’.

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Opinion and Media
Material on atheism, secularism, human rights,politics,science etc. collected from media and the blogosphere from Ireland and beyond; used without permission, compensation, liability, guarantee or implied endorsement. We aim to include a variety of diverse opinions and viewpoints.
Blogs & Opinions
National
Irish Teacher: The greed of the Catholic Church never ends
By Jennifer Horgan
MY dad’s stroke three years ago changed his life completely. For a start, he lives it in a wheelchair now. He has also lost the use of his hand and, with that, his ability to play golf, work, or drive. This Lent, he has given up sugar in his tea. I’ve tried to persuade him against it, but he’s been a devout Catholic all his life and he’s not about to stop any time soon. Read more…
‘Its an insult: €3,000 payment for people who were illegally adopted criticised
By Órla Ryan
A REPORT BY the Government’s Special Rapporteur on Child Protection has recommended that a State inquiry into illegal adoptions be established. Professor Conor O’Mahony has also called for a State apology to be made to the people affected. His report was completed in September 2021 but was published today after being reviewed by the Government in recent months. Read more…
School divestment and patron bodies
By Seán Ó Diomasaigh
A chara, – David Graham of Education Equality (Letters, March 12th) berates the State for “seeking the blessing of unelected bishops before making decisions about public services”. What Mr Graham and many of the other patron bodies seem to miss is that they too are unelected, self-selected, vested interest groups vying for school patronage. Read online…
International
Humanists UK calls for Iran to abolish the death penalty for blasphemy and apostasy at UN
By Humanists UK
Humanists UK has urged the UN to keep the pressure on Iran to abolish the use of the death penalty for blasphemy and apostasy and to end its persecution of religious and non-religious minorities.The intervention was made by video by Humanists UK’s Education Campaigns Manager Robert Cann, as part of the UN Human Rights Council. Read more…
Humanists International calls for freedom for Mubarak Bala, at UN
By Humanists International
Humanists International has called on UN Human Rights Council member states to advocate for the immediate and safe release of Mubarak Bala. Humanists International’s Advocacy Officer, Lillie Ashworth, delivered the statement by video during the General Debate segment of the 49th session of the UN Human Rights Council. | | | | | |