In a case in which a strike closed \u00a0a school in Cork village of Drimoleague or over two years in the 1970s, the issue of the children’s Constitutional right to education arose.\u00a0 The parents initially made, and \u00a0an application and an injunction was granted against the Department of Education, requiring it \u00a0to provide buses to adjoining schools.<\/p>\n
The parents sought an order compelling the State to provide free primary education in the parish of Drimoleague and they sought damages against the INTO for conspiracy to deprive children of the Constitutional right to education.\u00a0 The court held that there was evidence of breach of the duty in the initial period, prior to buses being provided.<\/p>\n
It ruled that there was no Constitutional right to have primary education provided within the particular parish as long as education provided was reasonably accessible. The INTO was found in breach of the rights of the children to free primary education.<\/p>\n
The Supreme Court in a split decision upheld the High Court decision.\u00a0 The Supreme Court indicated that the duty upon the State was to provide for education and not to supply it.\u00a0 The provision for education was satisfied by the mechanism by which the State paid teachers and provided for buildings, but by which the schools were run by independent patrons.<\/p>\n
However, he absence of education for a considerable time, presumptively showed that the State was failing in its duty and circumstances evidence showed that the State had not provided free primary education in Drimoleague.<\/p>\n\n
\n <\/div>\n\n","protected":false},"excerpt":{"rendered":"
Educational Guarantee ARTICLE 42 2 Parents shall be free to provide this education in their homes or in private schools or in schools recognised or established by the State. 3\u00a0\u00a0\u00a0\u00a0 1\u00b0 The State shall not oblige parents in violation of their conscience and lawful preference to send their children to schools established by the State, […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_exactmetrics_skip_tracking":false,"_exactmetrics_sitenote_active":false,"_exactmetrics_sitenote_note":"","_exactmetrics_sitenote_category":0,"footnotes":""},"categories":[83],"tags":[],"_links":{"self":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/2440"}],"collection":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/comments?post=2440"}],"version-history":[{"count":9,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/2440\/revisions"}],"predecessor-version":[{"id":2564,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/2440\/revisions\/2564"}],"wp:attachment":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/media?parent=2440"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/categories?post=2440"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/tags?post=2440"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}