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Education Law

Discrimination

Mel Cousins

Publication Year

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Full-Text Articles in Law

Education And The Equal Status Acts - Stokes -V- Christian Brothers High School Clonmel, Mel Cousins Dec 2014

Education And The Equal Status Acts - Stokes -V- Christian Brothers High School Clonmel, Mel Cousins

Mel Cousins

This case involved a challenge under the Equal Status Act (ESA) to the admissions rules of a Clonmel secondary school which, it was argued, indirectly discriminated against children from the Traveller community. At first instance (before the Equality Tribunal) and on appeal to the Circuit Court it had been held that this rule did have a disproportionate impact on Travellers but the Court and Tribunal differed as to whether this was objectively justified or not. On further appeal to the High Court, McCarthy J. held that there was no disproportionate impact as, adopting a dictionary definition of the term ‘particular ...


Travellers, Equality And School Admission In The High Court: Stokes V Christian Brothers High School Clonmel, Mel Cousins Jan 2012

Travellers, Equality And School Admission In The High Court: Stokes V Christian Brothers High School Clonmel, Mel Cousins

Mel Cousins

This note examines the recent Irish High Court decision in Stokes v CBS High School which concerned whether the rules for admission to the school – in particular a rule giving priority to children whose parents had attended the school - were compatible with the Equal Status Acts 2000-2008. The case concerned the fact that Mr. Stokes, a member of the Traveller community, was refused access to the school which was oversubscribed. The admission criteria included a rule whereby priority was given to children whose parents had attended the school and it was argued that this was indirectly discriminatory against Travellers given ...


Travellers, Equality And School Admission: Christian Brothers High School Clonmel -V- Stokes, Mel Cousins Nov 2011

Travellers, Equality And School Admission: Christian Brothers High School Clonmel -V- Stokes, Mel Cousins

Mel Cousins

This note examines the recent Irish equality officer and Circuit Court decisions in CBS High School Clonmel v Stokes which concerned whether the rules for admission to the school – in particular a rule giving priority to children whose parents had attended the school - were compatible with the Equal Status Acts 2000-2008. The equality officer held that the rule was indirectly discriminatory and in breach of the Act. However, on appeal the Court held that while the rule had a disproportionate impact on Travellers, it was objectively justified.