Legal opinion states blanket closure of schools is unconstitutional

The gates are closed at all schools at the moment. Picture: Denis Minihane

Children's charities have obtained legal opinion which states the blanket closure of schools — including online learning — is unconstitutional.

The charities — AsIAm, Barnardos, Children’s Rights Alliance, Inclusion Ireland, and National Parents Council Primary — also said a recent National Parents Council Primary nationwide survey of more than 6,000 parents, carried out over two days last week, highlighted the difficulties of remote learning for children.

The survey found just 37% of children have access to their own device, or 26% are sharing with one or more people, while more than a third of respondents have unreliable broadband access. In addition, 46% of children either have limited access to quiet space or none at all and 55% are unable to access remote learning without adult supervision.

The charities, while welcoming news of the likely phased reopening of schools in the coming weeks, have launched the #ChildrensFuturesIRL campaign, which focuses on children’s right to an adequate education.

The legal opinion, which will be fully outlined later this week, claims the blanket closure of schools was in breach of rights guaranteed by the Constitution of Ireland, the European Convention on Human Rights and the UN Convention on the Rights of the Child.

Tanya Ward, chief executive of the Children’s Rights Alliance, said: “While the Government may make decisions in the context of a public health emergency, it hasn’t provided an express legal basis for this intrusion on children’s fundamental right to education."

Áine Lynch of the National Parents Council Primary said: "We’ve heard much about the impact of Covid-19 on adults’ lives, and quite rightly so, but our children’s futures matter too. Where is plan B?"