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Unpublished Paper
Travellers, equality and school admission in the High Court: Stokes v Christian Brothers High School Clonmel
(2012)
  • Mel Cousins, Glasgow Caledonian University
Abstract
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 their very low participation in education in past decades. The equality officer and Circuit Court had correctly analysed the issues concluding that there was disproportionate impact and differing only as to whether this was objectively justified. McCarthy J in the High Court (on further appeal) adopted a different approach.
Keywords
  • Access to education,
  • school admission rules,
  • discrimination
Publication Date
February, 2012
Citation Information
Mel Cousins. "Travellers, equality and school admission in the High Court: Stokes v Christian Brothers High School Clonmel" (2012)
Available at: http://works.bepress.com/mel_cousins/22/