Schooling and the Family

The Body of a school consists of all the parents and their children, the Board of Management including the Patron and the staff.

This body must at all times act in harmony.

It is anathema to the concept of a school for any part of the body to be in conflict with any other.

A school does not exist for the benefit of builders who want to make a living by providing the physical structures for learning. A school does not exist for the benefit of teachers who would like to earn a living by teaching. A school does not exist for the benefit of the current Minister for Education or the prevailing government so that they can indoctrinate students in their ideology. A school does not exist for the benefit of teachers unions who want to promote and protect the interests of their members.

A school exists simply for the benefit of parents who might like to engage specified adults in a controlled environment to impart elements of knowledge towards a child's education that the parent feels they are not in a position to do themselves for whatever reason. This is stated clearly in the Education Act, 1998 under Section 15(1) Functions of a board:

15.—(1) It shall be the duty of a board to manage the school on behalf of the patron and for the benefit of the students and their parents and to provide or cause to be provided an appropriate education for each student at the school for which that board has responsibility.

Parents are the primary educators and are free to educate their children according to their philosophical and religious convictions without fear of interference and scrutiny by a third party. This position is supported by Bunreacht na hÉireann, the United Nations Universal Declaration of Human Rights and the European Convention on Human Rights.

The Objects of Education Act Education Act, 1998 are shown in Section 6 (a) as "to give practical effect to the constitutional rights of children as they relate to education"; these rights are enumerated in Article 42.1 of the Constitution where, "the State acknowledges that the primary and natural educator of the child is the Family and guarantees to respect the inalienable right and duty of parents to provide, according to their means, for the religious and moral, intellectual, physical and social education of their children."

(see below for these and other important legal references as well as a reference to The Family in the Social Teaching of the Church by William L. Saunders, Jr.)

These principles are also echoed in Catholic teaching whereby the Family exercises autonomy and a child's best interests are presumed to be found under the care, guidance and protection of its parents/Guardians exclusively.

Thus, in the Declaration on Christian Education, the Church asserted that "(a) the parents are the primary educators of children, (b) that such education prepares children to take their place in society and the Church, and (c) that the role of the State is to assist parents in this task.

The Declaration on Religious Liberty (Dignitatis Humanae, Dec 7, 1965) echoed a theme from the Declaration on Christian Education.   The parents “have the right to decide in accordance with their own religious beliefs the form of religious upbringing which is to be given to their children. The civil authority must therefore recognize the right of parents to choose with genuine freedom schools or other means of education….

Furthermore, the rights of parents are violated if their children are compelled to attend classes which are not in agreement with their religious beliefs of the parent or if there is but a single compulsory system of education from which all religious instruction is excluded.” (DH 5)"

Students of a school are the full responsibility of their parents/Guardians both at home and during school time and have no lawful right or need to be afforded any independent control over their education by the school whilst at school or outside. A child's signature, being of a minor until they reach the age of eighteen, has no weight in law and any requirement from a school that a child itself signs any document is unlawful. The child is always under the full and exclusive legal authority of their Guardians and a school is in error if it attempts to undermine that position. The parent/Guardians exclusively are fully liable for the actions of their children.

The children in a school remain 100% under the authority of their parents/Guardians who are not, in law, entitled to alienate (give away or transfer) their authority to any third party or body including a school or government department. To do so would be tantamount to failure and neglect of duties.

The school acts "in loco parentis", on behalf of the parents. This means that the school has no direct authority over a child except where this is approved in advance by the informed written consent of all a child's parents/Guardians. The Board of Management are an essential element of the management of the school. They can not override the authority of the parents/Guardians and must at all times understand their position as being an integral part of the body of the school that must remain in harmony. They obviously can not act independently contrary to the authority and wishes of a parent.

Furthermore if a school affirms that it operates under a specific ethos, say the Roman Catholic ethos, then what this will entail for a family must additionally be made absolutely clear in writing by the school to all prospective parent/Guardians considering enlisting the support of the school in their education of their child.

A parent/Guardian is entitled to know in advance, in writing, that a school accepts the aforementioned lawful relationship that must exist between the school and the parent before enrolling their child. By doing so the parent/Guardian and Board of Management are entrusting each other with the shared responsibilities necessary for the operation to work successfully.

One of the vital functions of a Board, as required by the Education Act, under Section 15 (1) d is to:

"publish, in such manner as the board with the agreement of the patron considers appropriate, the policy of the school concerning admission to and participation in the school,"

Therefore, for it to be considered lawful for a school to have a child on its premises the school enrolment form and any “permission slips” must clearly indicate that the school will at all times respect the authority of the parent/Guardian in relation to their child and it must require the written consent and approval of all the child's parents/Guardians.

Failure to secure this for all parents/Guardians and for the school to teach such a child is a crime. The law on what would be considered an abduction by the school is covered by the Non-Fatal Offences Against the Person Act, 1997 - Section 17 -  which makes it an offence with a prison sentence of up to seven years where any person without lawful authority or reasonable excuse intentionally takes or detains a child so as to keep him or her out of the lawful control of any person entitled to lawful control of the child such as a parent/Guardian.

A Married parent is a Guardian jointly with their spouse. They are not entitled to act over any significant decision affecting the welfare of their child unilaterally. If they do they are no longer acting as a Guardian and a third party can not rely on one spouse's consent to lawfully do anything with the child. A third party is not entitled to refuse to hand over a child to the child's Guardian when requested. To do so is a crime. (see legislation below)

In the past a school could have relied on the consent of one parent being the representative of the family as a unit. Sadly this is no longer the case. Family breakdown due to the failure of the state to properly protect Marriage means that signatures of all Guardians are necessary. Often these days, following a situation where one parent has left their Marriage, they would have secured Orders from a Court dealing with how their child's upbringing might be shared between them and the other parent. These court matters are deemed "private law" in that they are relevant only to the members of the family exclusively. None of what goes on in family law is available to the public. Indeed it is an offence for a person to make public what happens in family law proceedings, including showing court documents, like orders and applications to any third party such as a school. Responsibility for their child's welfare remains exclusively within the control of the parents and any orders made in these private law matters have no bearing on the parental authority and autonomy of the parents in their dealings with third parties. (see below for Supreme Court precedents)

For a parent to try to eliminate the other parent from being treated with full respect as a parent/Guardian by a school is a very serious matter. For a parent to provide false information about the status of the other parent to a school is a very serious matter.

When a parent/Guardian or parents/Guardians in the case of a Married Family enrol their child they are giving their consent that the school can teach a curriculum which has been agreed by the Department of Education/NCCA and for which they are accountable to parents. We call this the mandatory curriculum and it consists of the core subjects of Maths, English, Irish, Geography, Science etc taught by the school using textbooks and workbooks approved by the Department of Education that can be inspected by parents. Under the Education Act of 1998 a school must teach this mandatory curriculum to qualify as a "recognised school" and be eligible for grants towards the salaries of teachers and equipment etc.

These core subjects, that form the mandatory curriculum, must not contain any contentious elements and must be universally acceptable as well as being open to challenge by any parent or body. They must be values-neutral and of a predominantly academic nature and contain no elements that might be considered verging on social engineering.

Any other matters which might be usefully presented to a child whilst at school are supplemental to the core subjects. They are, by nature, non-mandatory and this is how they are designated by the NCCA and by the Department of Education. (see below for reference to Department of Education official position)

The Department of Education does provide resources for certain supplemental programmes but stresses that parents are free to choose or reject any part or whole of them. The Department of Education also stresses that it does not approve of any textbooks or workbooks or teachers guides for any supplemental programmes such as RSE and other values-laden programmes.

The Department of Education is however guilty of dissimulation by incorporating these facts within its position papers but not making it much clearer to the casual reader that whilst SPHE is part of the mandatory curriculum, the RSE aspect of it is arbitrary and entirely subject to the wishes and approval of parents.

Thus any supplemental programme like RSE can not be contemplated by a Board of Management or a teacher or its union without it being approved by the parent body. As indicated the Department of Education are not entitled to propose any non-mandatory education and do not do so. This can only be initiated by a group within the body of the school.

If such a group exists within the body of the school who wish to propose that the school deliver a supplemental programme within the context of the school the group must clearly identify themselves. This group then becomes the 'sponsors' of the supplemental programme. These named individuals must then provide their reasons why they believe the programme would be of benefit to parents/Guardians. There is no question that the sponsors are approved by the Department of Education. The sponsors are accountable only as individuals for their proposals.

Parents/Guardians are then free to decide individually whether they approve of what the sponsors want to achieve and whether they believe the sponsors motives are ideologically and/or morally sound and whether the programme is necessary. Most importantly each parent/Guardian must be free to examine in detail the proposed programme to judge whether it might cause harm to their child by being in conflict with what they are taught at home.

The NCCA, Department of Education and its inspectorate suggest that this process could take place possibly by way of creating a policy committee. By this they mean that once a group of sponsors identify their position and indicate that they want the school to teach a specific programme that they, the sponsoring group themselves approve of, the school should, in fairness to the sponsors, provide a forum where all the issues can be properly discussed by the body of the school. Where a school conforms with a pre-specified ethos the Board of Management must indicate at the earliest opportunity whether the sponsor's programme is, in their opinion, fully in conformity with that ethos. This must take place before the parents are troubled with having to decide themselves.

Only where the sponsoring groups proposals have passed that test and give proper respect to the authority of every parent/Guardian can any supplemental programme be considered. In practice this demands a very high level of commitment and co-ordination by the school and renders the sponsors open to public criticism of their position and wishes. It is very unlikely that the body of the school will ever agree to any programme save anything absolutely incontrovertible such as teaching of the faith of the school in accordance with its stated ethos and here the Board of Management, whose job it is to ensure that the ethos is properly administered, will be accountable for the programme's accuracy and conformity with that faith's doctrinal teaching.

When a parent enrols their child in a school where there is a stated ethos that is under a particular Church there is a tacit understanding and acceptance by the parent that the school will teach according to the doctrine of that Church. A parent however, in keeping with their autonomy and authority, is entitled to subsequently choose not to avail of that programme for its child when it is offered. Where a school does not operate under a specific ethos or where the school's ethos may have been compromised, say by agreements made in the pursuit of an amalgamation with other schools and so can not be stated precisely, any delivery of the "ethos" is subject to the same rules as any other supplemental programme.

A seemingly insurmountable problem that sponsors face is to assure parents that the programme they personally endorse is accurate and without risk of harm to their children and with this comes the aspect of personal liability if the information that they claim is true turns out not to be.

An example of this is where a group of individuals within the body of the school teach a permissive attitude towards sex to their own children and want to press this approach on to all the other children in the school.

They must show that going against the tried and tested and moral teachings of chastity outside of Marriage is without risk to the personal health and safety of individual children but also to society as a whole. This is actually impossible with statistics now readily available showing that sex outside Marriage puts children at a vary high risk of contracting Sexually Transmitted Diseases including AIDS which cause, amongst many other undesirable outcomes, infertility and cancers.

Another example is where a group of individuals may want to press upon the body of the school their own personal ideas about how best to protect a child. Again the facts are easily available and show very clearly that the worst outcomes for a child are to be brought up in the care of the state or in a household where Marriage has been shunned. Unless the proposed programme clearly advocates that children are best protected by being in the exclusive control of their parents within a Marriage the individual sponsors are leaving themselves liable for providing misinformation and potentially putting children at risk.

Whilst in a free society such a process of providing a mechanism for sponsors to propose supplemental programmes is technically acceptable and even laudable it is unlikely that in practice this process will ever work harmoniously and so is best avoided and instead schools would be better left to do with what parents universally want - for the schools to teach the core subjects to the best of their abilities - and resist any encouragement to be side-tracked by any such potentially divisive elements.

The position of the Parents Association within the body of the school provides a useful forum for parents to discuss all aspects of their child's education. It often does very valuable work in conjunction with the Board of Management in providing voluntary help and/or raising money for specific projects. It has no function with regard to decision-making for the body of the school other than for named individuals within the Association who wish to have their position stated publicly. The Parents Association has no democratic powers and no authority over individual parents and families.

Individual parental authority and family autonomy are not subject to any form of democratic process so no group within the body of the school, whether it is the Board of Management or the Patron or representatives of the Parents Association can 'vote', even by a large majority, that the school should have any policy which will bring the body of the school in conflict with a parent or family. Furthermore the Education Act, 1998 makes it absolutely clear that the Minister of Education is not at liberty to force any child, whenever the conscience of their parent is offended, to take part in any aspect of the National Curriculum. (see Section 30)

There is widespread misunderstanding of the process by which parents exercise this authority over their children's education. This leads to schools often stating that a parent has the right to have their child “exempted” or “withdrawn” from a lesson to be taught. The problem arises because "exempted" and “withdrawn” both mean, "freed from an obligation or liability imposed on others".

In the context of parental rights over their children's education this is fundamentally incorrect. Under the Constitution  the Family is sovereign. They alone are responsible for their child's education. Schooling is but a subset of that education and consequently there can be NO OBLIGATION under the law requiring any child to be taught a specific curriculum or syllabus in a recognised school.

In fact there is a presumption that the child will NOT PARTICIPATE in a contentious class unless the school have secured the necessary permission in advance from the parents and this is acknowledged in Section 30 (2) (e) of the Education Act where it states, "The Minister shall not require any student to attend instruction in any subject which is contrary to the conscience of the parent of the student or in the case of a student who has reached the age of 18 years, the student."

These "conscience" lessons are specified in Section 9(d) where it states, "A recognised school shall provide education to students and it shall use its available resources to promote ... the moral, spiritual, social and personal development of students and provide health education for them, in consultation with their parents, having regard to the characteristic spirit of the school."

"Consultation" means informed consent. From these provisions it is clear that for parents to be in a position to provide this consent they must be in possession of the precise detail of every lesson in advance of it being taught.

This places the onus firmly on the school to secure the consent of EACH AND EVERY INDIVIDUAL GUARDIAN/PARENT OF A CHILD (which parent has custody is not relevant) BEFORE the school can teach any class to a child. The parent DOES NOT HAVE TO NOTIFY the school if they do not wish to have their child to participate in a class. The school is acting in error if they attempt to teach any such "conscience" class to a child without first securing the necessary permissions from all the Guardians/Parents.

This, of course, creates an administrative nightmare for Principals but is very good news for today's over-worked, and stressed-out parents as it means that they do not have to continually fend off the ever increasing attempts by bodies, like the HSE or Ombudsman for Children, to have their particular brand of social engineering foisted on our children.

Parents can now relax knowing that the onus is on the school to secure their consent in advance of any class where the subject matter might trouble their religious or philosophical convictions.

As a consequence of this knowledge Principals could easily find themselves forced to a "return to basics" and replacing many of these new optional "social" subjects with the safe core subjects of Maths, English and Science - and for this the majority of parents will applaud loudly.

It would of course be seen as an act of bullying for a Board of Management or a Parents Association of any school to seek to impose any such programmes, supplemental or otherwise, other than those strictly in conformity with its stated ethos, against the wishes of any individual parent.

God bless

Roger Eldridge
Director, Family Rights Institute of Ireland
Knockvicar, Boyle, Co. Roscommon
familymen@eircom.net
07196-67138  086-8180146

 ****


REFERENCES

Bunreacht na hÉireann - The Irish Constitution which governs the law in Ireland. All statutes are presumed to conform with the principles detailed in the Constitution. If they do not they are struck down as invalid. The relevant aspects of the Constitution concerning the authority of parents and autonomy of families are provided in Articles 41 and 42

THE FAMILY

Article 41

1.    1° The State recognises the Family as the natural primary and fundamental unit group of Society, and as a moral institution possessing inalienable and imprescriptible rights, antecedent and superior to all positive law.

2° The State, therefore, guarantees to protect the Family in its constitution and authority, as the necessary basis of social order and as indispensable to the welfare of the Nation and the State.

3. 1° The State pledges itself to guard with special care the institution of Marriage, on which the Family is founded, and to protect it against attack.

 

EDUCATION

Article 42

1.    The State acknowledges that the primary and natural educator of the child is the Family and guarantees that it will not interfere with the inalienable right and duty of parents to provide, according to their means, for the religious and moral, intellectual, physical and social education of their children.

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.    1° The State shall not oblige parents in violation of their conscience and lawful preference to send their children to schools established by the State, or to any particular type of school designated by the State.

3.   2° The State shall, however, as guardian of the common good, require in view of actual conditions that the children receive a certain minimum education, moral, intellectual and social.

4.    The State shall provide for free primary education and shall endeavour to supplement and give reasonable aid to private and corporate educational initiative, and, when the public good requires it, provide other educational facilities or institutions with due regard, however, for the rights of parents, especially in the matter of religious and moral formation.

5.    In exceptional cases, where the parents for physical or moral reasons fail in their duty towards their children, the State as guardian of the common good, by appropriate means shall endeavour to supply the place of the parents, but always with due regard for the natural and imprescriptible rights of the child.

***

Some precedents from the Courts in Ireland:

Supreme Court case of ‘B. v. B. [1975] I.R. 54 SC’. O’Dalaigh C.J. is quoted as stating,

“It only remains to repeat that the court's order in respect of the custody of the children is interlocutory in character; moreover, the court order does not diminish the duty of the parents to be concerned about the welfare and education of their children.


Finlay Geoghegan J. in FN and EB -v- CO[2004] 4 IR 305 at p 323 where he states

"The Court in considering the child's welfare is to have due regard  for the natural and imprescriptible rights of the child, including the rights to be educated by the family and to be provided for by its parents with religious, moral, intellectual, physical and social education".

***

Universal Declaration of Human Rights

Article 26.

(3) Parents have a prior right to choose the kind of education that shall be

given to their children.

***

Article 2 of Protocol 1 of the European Convention on Human Rights states that:

“No person shall be denied the right to education. In the exercise of any functions which it assumes in relation to education and to teaching, the State shall respect the right of parents to ensure such education and teaching is in conformity with their own religious and philosophical convictions.”

***

NON-FATAL OFFENCES AGAINST THE PERSON ACT 1997 - SECT 17

Abduction of child by other persons.

17.—(1) A person, other than a person to whom section 16 applies, shall be

guilty of an offence who, without lawful authority or reasonable excuse,

intentionally takes or detains a child under the age of 16 years or causes a

child under that age to be so taken or detained—

(a) so as to remove the child from the lawful control of any person having

lawful control of the child; or

(b) so as to keep him or her out of the lawful control of any person

entitled to lawful control of the child.

(2) It shall be a defence to a charge under this section that the defendant

believed that the child had attained the age of 16 years.

(3) A person guilty of an offence under this section shall be liable—

(a) on summary conviction to a fine not exceeding £1,500 or to imprisonment

for a term not exceeding 12 months or to both, or

(b) on conviction on indictment to a fine or to imprisonment for a term not

exceeding 7 years or to both.

***

GUARDIANSHIP OF INFANTS ACT, 1964

Rights of parents to guardianship.

    6.—(1) The father and mother of an infant shall be guardians of the

infant jointly.

     (4) The mother of an illegitimate infant shall be guardian of the

infant.

Powers and duties of guardians.

    10.—(1) Every guardian under this Act shall be a guardian of the person

and of the estate of the infant unless, in the case of a guardian appointed

by deed, will or order of the court, the terms of his appointment otherwise

provide.

     (2) Subject to the terms of any such deed, will or order, a guardian

under this Act—

( a )    as guardian of the person, shall, as against every person not

being, jointly with him, a guardian of the person, be entitled to the

custody of the infant and shall be entitled to take proceedings for the

restoration of his custody of the infant against any person who wrongfully

takes away or detains the infant and for the recovery, for the benefit of

the infant, of damages for any injury to or trespass against the person of

the infant;

***

EDUCATION ACT, 1998

THE EDUCATION ACT, 1998 IS “AN ACT TO MAKE PROVISION IN THE INTERESTS OF THE COMMON GOOD FOR THE EDUCATION OF EVERY PERSON IN THE STATE AND TO ENSURE THAT THE EDUCATION SYSTEM IS ACCOUNTABLE TO PARENTS”

Objects of Act.

6.—Every person concerned in the implementation of this Act shall have regard to the following objects in pursuance of which the Oireachtas has enacted this Act:

(a) to give practical effect to the constitutional rights of children, including children who have a disability or who have other special educational needs, as they relate to education;

(e) to promote the right of parents to send their children to a school of the parents' choice having regard to the rights of patrons and the effective and efficient use of resources;

(g) to promote effective liaison and consultation between schools and centres for education, patrons, teachers, parents, the communities served by schools, local authorities, health boards, persons or groups of persons who have a special interest in, or experience of, the education of students with special educational needs and the Minister;

(k) to promote the language and cultural needs of students having regard to the choices of their parents;

(m) to enhance transparency in the making of decisions in the education system both locally and nationally.

Functions of a school.

9.—A recognised school shall provide education to students which is

appropriate to their abilities and needs and, without prejudice to the

generality of the foregoing, it shall use its available resources to—

(a) ensure that the educational needs of all students, including those with a disability or other special educational needs, are identified and provided for,

(b) ensure that the education provided by it meets the requirements of education policy as determined from time to time by the Minister including requirements as to the provision of a curriculum as prescribed by the Minister in accordance with section 30,

(d) promote the moral, spiritual, social and personal development

of students and provide health education for them,

in consultation with their parents, having regard to the

characteristic spirit of the school

Recognition of schools.

10.—(1) On a request being made for that purpose, the Minister may from time to time designate a school or a proposed school to be a school recognised for the purposes of this Act.

(2) The Minister may designate a school or a proposed school to be a school recognised for the purposes of this Act where the Minister, on a request being made for that purpose by the patron of a school or a proposed school, is satisfied that—

(c) the patron undertakes that the school shall provide the curriculum as determined in accordance with section 30,

Withdrawal of recognition.

11.—(1) Where the Minister is satisfied that the requirements for recognition of a school as provided for in section 10 (2) are not being met by a school, including a school recognised in accordance with 10 (3), or that the functions of a school are not being effectively discharged and is of the opinion that recognition should be withdrawn from that school, the Minister shall inform the board, the patron, the teachers, the student council where one exists and the parents of students in that school by notice in writing of that opinion and the reasons for the opinion.

Functions of a board.

15.—(1) It shall be the duty of a board to manage the school on behalf of the patron and for the benefit of the students and their parents and to provide or cause to be provided an appropriate education for each student at the school for which that board has responsibility.

and to:

(d) publish, in such manner as the board with the agreement of the patron considers appropriate, the policy of the school concerning admission to and participation in the school, including the policy of the school relating to the expulsion and suspension of students and admission to and participation by students with disabilities or who have other special educational needs, and ensure that as regards that policy principles of equality and the right of parents to send their children to a school of the parents' choice are respected and such directions as may be made from time to time by the Minister, having regard to the characteristic spirit of the school and the constitutional rights of all persons concerned, are complied with,

The Principal.

(2) In addition to the functions of a Principal provided for in section 22, the Principal shall—

(c) be responsible for the creation, together with the board, parents of students and the teachers, of a school environment which is supportive of learning among the students and which promotes the professional development of the teachers,

(d) under the direction of the board and, in consultation with the teachers, the parents and, to the extent appropriate to their age and experience, the students, set objectives for the school and monitor the achievement of those objectives, and

(e) encourage the involvement of parents of students in the school in the education of those students and in the achievement of the objectives of the school.

Curriculum.

    30.—(1) The Minister may, from time to time, following such consultation

with patrons of schools, national associations of parents, recognised school

management organisations and recognised trade unions and staff associations

representing teachers, as the Minister considers appropriate, prescribe the

curriculum for recognised schools,

    

(2) Without prejudice to the generality of subsection (1), the

Minister—

(b) shall have regard to the characteristic spirit of a school or class of school in exercising his or her functions under this section,

(e)    shall not require any student to attend instruction in any subject

which is contrary to the conscience of the parent of the student or in the

case of a student who has reached the age of 18 years, the student.

Regulations.

33.—The Minister, following consultation with patrons, national associations of parents, recognised school management organisations and recognised trade unions and staff associations representing teachers, may make regulations for the purpose of giving effect to this Act and, without prejudice to the generality of the foregoing, the Minister may make regulations relating to all or any of the following matters:

(a) the recognition of schools and the withdrawal of recognition from schools;

(g) admission of students to schools;

 

***

The Family in the Social Teaching of the Church by William L. Saunders, Jr. (An extract)

Prior to Vatican II

          For the Catholic Church, the family is the very bedrock of society.  Fissures in that bedrock will eventually result in earthquakes in society.  It is, in fact, impossible to have a healthy society without healthy families.  For families to be healthy, however, the members of the family must understand – and live out - the very meaning of what family is.

Certainly, it would be difficult for a faithful Catholic today to be unaware that the family is a frequent topic of the Holy Father’s reflection.  We will examine the Holy Father’s teaching below, but teaching and reflection on the family did, not surprisingly, precede the pontificate of John Paul II.  Indeed, while the Second Vatican Ecumenical Council provided the central teaching on the family, it was during the period prior to the Council that most of the guiding principles were laid out.

Modern Catholic social teaching was born in 1891 in Rerum Novarum (“On the Condition of the Working Classes”).  While the role of the Church as teacher on “social issues” was not new (the Church has always and everywhere been, by virtue of its divine commission, teacher of faith and morals), it was in Rerum Novarum that it first systematically responded to the problems of the modern era.  Indeed, a subsequent pontiff, Pius XI in Quadregessimo Anno, called it “the magna carta on which all Christian activities in social matters are ultimately based”.

In Rerum Novarum, Pope Leo XIII set forth what has come to be recognized as the “social doctrine of the Church”.  Many principles were enunciated that, as we will see, would be subsequently developed by the teaching magisterium of the Church.  For instance, the encyclical insisted on the right to marriage, the existence of the family prior to society, the obligation of the state to assist the family, the requirement that such state intervention be limited, the importance of parental authority, the understanding that property ownership was integral to the fulfillment of parental duties, and the dignity of work.  For Leo, the family was “the society of the household”.  In Leo’s own words -

“Rights of this kind (i.e., property rights) which reside in individuals are seen to have much greater validity when viewed as fitted into and connected with the obligations of human beings in family life…No law of man can abolish the natural and primeval right of marriage…Behold, therefore, the family, or rather the society of the household, a very small society, but a true one, and older than any polity!

For that reason it must have certain rights and duties of its own entirely independent of the State….Wherefore, assuming, of course, that those limits be observed which are fixed by its immediate purpose, the family assuredly possesses rights, at least equal with those of civil society, in respect to choosing and employing the things necessary for its protection and its just liberty….But if citizens, if families, after becoming participants in common life and society, were to experience injury in a commonwealth instead of help, impairment of their rights instead of protection, society would be something repudiated rather than to be sought after….To desire, therefore, that the civil power should enter arbitrarily into the privacy of the home, is a great and pernicious error.

If a family perchance is in such extreme difficulty and is so completely without plans that it is entirely unable to help itself, it is right that the distress be remedied by public aid, for each individual family is a part of the community.  Similarly, if anywhere there is a grave violation of mutual rights within the family walls, public authority shall restore to each his right for this is not usurping the rights of citizens, but protecting and confirming them with just and due care.

Those in charge of public affairs, however, must stop here: nature does not permit them to go beyond these limits.  Paternal authority is such that it can be neither abolished nor absorbed by the State, because it has the same origin in common with that of man’s own life.” [18-21]

Vatican Ecumenical Council II (1963-65)

Vatican II addressed the family in four important documents – the Declaration on Christian Education, the Declaration on Religious Liberty, the Decree on the Apostolate of the Laity, and the Pastoral Constitution on the Church in the Modern World.

In the Declaration on Christian Education (Gravissimum Educationis, Oct 28, 1965), the Council Fathers emphasized the irreplaceable role of parents in the education of children.  “As it is the parents who have given life to their children, on them lies the gravest obligation of educating their family…The role of parents in education is of such importance that it is almost impossible to provide an adequate substitute.”

The role of parents is to teach their children “to know and worship God and to love their neighbor”.  Such education prepares them for life in society.   Indeed, “the family is “the principal school of social virtues which are necessary to every society.”

Though “the task of imparting education belongs primarily to the family, “it requires the help of society as a whole.”  The civil and political authorities “should recognize the duties and responsibilities of parents…and provide them with the requisite assistance.  In accordance with the principle of subsidiarity, when the efforts of the parents and of other organizations are inadequate, it should itself undertake the duty of education, with due consideration, however, for the wishes of the parents.”  (3)

Thus, in the Declaration on Christian Education, the Church asserted that (a) the parents are the primary educators of children, (b) that such education prepares children to take their place in society and the Church, and (c) that the role of the State is to assist parents in this task.

The Declaration on Religious Liberty (Dignitatis Humanae, Dec 7, 1965) echoed a theme from the Declaration on Christian Education.   The parents “have the right to decide in accordance with their own religious beliefs the form of religious upbringing which is to be given to their children. The civil authority must therefore recognize the right of parents to choose with genuine freedom schools or other means of education….

Furthermore, the rights of parents are violated if their children are compelled to attend classes which are not in agreement with their religious beliefs of the parent or if there is but a single compulsory system of education from which all religious instruction is excluded.” (DH 5)

***

The following extracts and text are taken directly from the Department of Education's booklet : “First and Second Class Resource Materials for Relationships and Sexuality Education”

This and similar booklets outlining suggested materials for the other years in Prmary level are available to download from the Department of Education website.

Note that they respect the lawful position of the family in its authority and constitution and stress that no aspect of the RSE resource material that they simply 'make available' but do not officially approve is mandatory and that the decision as to what, if any. elements are to be taught is left up to the parents.

However this position is at odds with the myths that are prevalent which appear to assert that the Department of Education is insisting that RSE be taught and that parents exist merely to assist the teachers and the Board of Management in their important role.

------

Resource Materials for Relationships and Sexuality Education

Social, Personal and Health Education at the Department of Education and Science

The resource materials presented here are based on the Interim Curriculum and Guidelines for Relationships and Sexuality Education prepared by the National Council for Curriculum and Assessment and approved by the Department of Education and Science.

They are not prescriptive, rather they provide a menu of options for classroom lessons from which teachers can choose in accordance with their school RSE Policy.

The materials have been prepared by experienced teachers under the guidance of the RSE Training Support Service for Schools. They have been evaluated by personnel from the Department of Education and Science, the RSE Training Support Service for Schools and classroom teachers in the Pre-Test Schools. The NCCA has been consulted in the development of these materials and has deemed them to be compatible with the Interim Curriculum and Guidelines.

It is the responsibility of those who are drawing on these resources to satisfy themselves that the content of materials which they use is appropriate to the needs of students and in line with their school RSE Policy and Programme.

Parent/Guardian involvement

These resource materials acknowledge parents/guardians as the primary educators of their children and provide assistance to teachers in their complementary and supportive role.

Parents/guardians will have access to classroom materials.

School policy will include provision for the rights of those who wish to withdraw their children from RSE.

************

Junior and Senior Infant Classes

Resource Materials for Relationships and Sexuality Education

Social, Personal and Health Education at the Department of Education and Science

The resource materials presented here are based on the Interim Curriculum and Guidelines for Relationships and Sexuality Education prepared by the National Council for Curriculum and Assessment and approved by the Department of Education and Science.

They are not prescriptive, rather they provide a menu of options for classroom lessons from which teachers can choose in accordance with their school RSE Policy.

The materials have been prepared by experienced teachers under the guidance of the RSE Training Support Service for Schools. They have been evaluated by personnel from the Department of Education and Science, the RSE Training Support Service for Schools and classroom teachers in the Pre-Test Schools. The NCCA has been consulted in the development of these materials and has deemed them to be compatible with the Interim Curriculum and Guidelines.

It is the responsibility of those who are drawing on these resources to satisfy themselves that the content of materials which they use is appropriate to the needs of students and in line with their school RSE Policy and Programme.

A sincere word of gratitude is due to all who contributed to the development and compilation of these resource materials. Undoubtedly they will be of immense help to all who are involved in the social, personal and health education of young people.

Parent/Guardian involvement

These resource materials acknowledge parents/guardians as the primary educators of their children and provide assistance to teachers in their complementary and supportive role. Parents/guardians will have access to classroom materials. Opportunities will be afforded parents/guardians to engage with their children on the content at various stages throughout the programme. Each set of activities within the materials invites the participation of parents/guardians.

School policy will include provision for the rights of those who wish to withdraw their children from RSE. At the end of each set of activities there are suggestions as to how parents/guardians may be involved in a practical way. There is also a Home-School Links page for each theme. As opportunities arise, the following suggestions may be made to parents/guardians to further enhance their relationship with their children.

Listening to children and hearing about what is going on in their lives is rewarding for both parents and children. Bedtime, for example, is often a time when both parent and child are relaxed. Time spent travelling or working together around the home also provides an opportunity for the parent/guardian and child to enjoy each other’s company.

From an early age, and all through childhood, the parents (whether natural, adoptive or foster parent) can use those special times to tell their child a true story and one the child will thoroughly enjoy. This is the story of that child’s own life. All children have their own special and unique story, whether they live in a conventional family group, with their single parent or with their grandparents in an extended family.

The photograph album may be a useful starting point. Young children love to hear stories again and again. Stories in which children have the starring role have a particular fascination for them. For some children, their life story will begin with the story of how their parents/guardians met and grew to love each other. It will continue with hearing about the joy their mother felt when she heard the news that she was pregnant or the love she felt when she experienced the baby moving in the womb for the first time.

Children will hear about the way various family members and friends cared for mother and child during pregnancy. They may hear how happy their father was when he heard he was going to be a father and how he cared for both mother and child during the pregnancy. Teachers will be sensitive to the various family situations of children in the class.

Foster and adoptive parents/guardians might tell how they felt when they heard they were going to have a new baby (or a new son or daughter), and about the first time they saw their baby and held him/her for the first time, what they thought and how they felt. Each story will be special because each story will be different and the children can be encouraged to appreciate these differences.

Children who hear their parent/guardian talk of the love they have had for them at the various stages in their lives will grow to recognise that they were loved and thus feel content and secure.