We should not have to litigate for basic rights

‘RIGHTS or entitlement?’ asks Niall Murray (Irish Examiner, September 25), referring to the fact that four out of every five legal cases against the Department of Education relate to claims for children with special needs.

These cases are a direct consequence of the failure of successive governments to protect, promote and fulfil the basic rights of children with special educational needs.

All persons have the right to have their basic learning needs fulfilled, irrespective of their age or any other criteria.

The right to education is set out in Articles 13 and 14 of the UN Covenant on Economic, Social and Cultural Rights, a treaty that Ireland has signed, ratified and guaranteed to deliver. Despite this, we still await proper systems that place human rights at the centre of the decision-making processes of our Government.

Litigation is becoming the norm for families whose basic rights are not being adequately considered from the beginning.

If this issue is not addressed, how many more families will be forced to pursue frustrating court cases at huge personal cost, before adequate services are provided and basic human rights protected?

Brian Ruane

Human Rights Education Manager

Amnesty International

Irish Section

48 Fleet Street

Dublin 2