The complaint

The Office has received a number of complaints from non-Irish nationals who considered that their child was being denied their right to an education. The Department of Justice Equality and Law Reform had informed the parents that, due to conditions set out in their visa, their children could not avail of public education.

Action

This is an issue which raises important human rights and policy considerations. This Office made contact with the relevant authority and indicated that all children have the right to an education and that a child should not be denied this right on the basis of the immigration status of their parents.

Response

The Department of Justice Equality and Law Reform agreed to consider making an exception for the current school year (2007). All of the children concerned have remained in public school.

Postscript

The immigration legislation is currently changing and will most likely determine the situation into the future. In this case the Ombudsman for Children has continued working on this issue in accordance with Section 7 of the Act which provides that the Ombudsman for Children can advise on any matter related to the rights and welfare of children. The Ombudsman for Children was invited to comment on the new Immigration, Residence and Protection Bill, 2008. In her Advice, the Ombudsman expressed concern at the extent of Ministerial discretion provided for in the Bill for the setting of conditions for residence in the State.

She emphasised that children’s Constitutional rights – including the right to free primary education – and their rights under the UN Convention on the Rights of the Child are nondependent on their nationality. She recommended that an explicit requirement for the Minister to have regard to those standards – especially the best interests principle contained in the UN Convention on the Rights of the Child – when making such regulations be included in the Bill.

Posted in: Investigations Education