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