E/CN.4/1989/44
paqe 22
for assessment of applicants for posts in national schools, as long as
they have due reqard to the Rules for National Schools, are a matter for
the manaqement authorities of the schools concerned.
"General remarks
"The monopoly of primary education beinq in the hands of the various
reliqious denominations must be looked at in the context of the historical
evolution of the system of primary education which was established in
1831, a century before the present Constitution of 1937 was enacted.
"The fact that almost all primary schools are denominational and
that the majority of these are under Roman Catholic patronage has to be
examined in the context of the representation of the various religious
denominations in the Community.
"It must be emphasized that there are no State primary schools.
The State provides financial aid to the operation of schools which, for
historical reasons, had developed on denominational lines for over a
century before the establishment of the State.
"The fact that primary schools are denominational cannot be reqarded,
prima facie, as indicating discrimination on reliqious grounds. The
denominational nature of the schools has a historical basis, but the
primary rights of parents in the matter of reliqious and moral education
of their children are protected by the 1937 Constitution and the Rules
for the operation of primary or national schools.
"The system of primary education has to be viewed in the context of
the 1937 Constitution with particular reference to the provisions
relating to religion and education. The recognition of the family as the
primary and natural educator of the child and the protection afforded to
parents and children in the matter of education by article 42 of the
Constitution must be emphasized."
48.
As regards the health sector, the reply stated, in particular:
"In Ireland public health services are provided, inter alia, in
hospitals maintained by statutory health boards and in hospitals which
are privately owned, but which provide services on behalf of the
statutory authorities. The latter hospitals provide their services in
accordance with agreed operational policies which define the particular
service role of each hospital. They are subject to the same budgetary
controls and controls on the number and type of staff as in the
publicly-owned hospitals. The public voluntary hospitals have their
origin in philanthropic foundations, established mainly in the last
century, the majority of which are associated with a particular
denomination or religious congregation. The individual hospital
authority is, in these instances, the employing authority for the staff
concerned but their conditions of service, including remuneration, are
determined in accordance with national policy.