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Published byKelley Norman Modified over 9 years ago
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One of the main aims of the INTO Equality Committee is to raise awareness of Equality Legislation among INTO membership. Employment Legislation – Employment Equality Acts of 1998 and 2004 Equality Legislation promotes equality and prohibits discrimination (with some exceptions) across nine grounds.
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Gender Marital (Civil) Status Family Status Sexual orientation Religion Age Disability Race Member of the Traveller Community
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Some of the aspects of employment covered under this legislation include ◦ Advertising ◦ Equal pay ◦ Access to employment ◦ Vocational training and work experience ◦ Terms and conditions of employment ◦ Promotion or re-grading ◦ Classification of posts ◦ Dismissal ◦ Collective agreements
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The Acts apply to public and private sector employees – teachers working in our schools.
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To examine issues of diversity and inclusion in the Teaching Profession.
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Disability Sexual orientation Civil/Marital Status
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Ireland – rapid social change in areas of the law and in expectations relating to disability, sexual orientation and families. Changes have implications for teachers in various ways
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Covered in relation to employment and equal status in the Equality legislation of 1998 and 2000 Significant development of case law on disability ground at the Equality Tribunal ‘Reasonable Accommodation’ of disability – opened up debate about a fuller place for people with disability in society and at work.
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Civil Service – provides a lead - 3% employment quota for persons with disabilities. Northern Ireland – Disability Discrimination Act 1995 – protection for people suffering from certain illnesses – can bring claims for discrimination, victimisation and a failure to make reasonable adjustments.
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Congress 2008 Motion Equality Committee – INTO Survey 2009 3.3% (12) in Republic 15% (6) in Northern Ireland In majority of cases disability not known to employer Nature of disabilities varied widely – depression/anxiety to hearing impairment, arthritic conditions, injuries, illnesses.
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Most commonly reported impact on teaching career was need to take time off work, a reluctance to seek promotion, limited choice of teaching duties, restrictions on social interactions All but 2 of these teachers had acquired their disabilities during their teaching career Results indicate majority of teachers with disability wish to remain in work
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Circular 0099/2008 – Occupational Health Service for teachers in Republic – recognised ‘reasonable accommodation’ provisions applies to teachers ICTU ‘Disability Champions’ How will teachers with disabilities be accommodated in employment terms in the coming years in our schools? The input of teachers in this debate is very important!
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Criminal Law (Sexual Offences) Act 1993 – significant change in official attitudes to gay people. Employment Equality Act 1988 and Equal Status Act 2000 made discrimination unlawful Northern Ireland – decriminalised homosexuality 1982 December 2005 – Belfast City Hall first same-sex civil partnership ceremony in UK.
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Republic – Civil Partnership Bill published in June 2009 and introduced for debate in December. Will establish a statutory mechanism for the registration of same-sex partnerships Represents a remarkable societal change less than 18 years since sex between consenting adult gay people was a criminal offence in Irish law.
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INTO LGB Teachers’ Group set up in 2004 – 14 members, now has 45. LGB raises challenging and significant issues for the teaching profession ◦ the visibility and invisibility of lesbian, gay and bisexual teachers in schools ◦ the recognition of sexual orientation issues in school curricula ◦ conditions of employment and related matters.
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Anseo Conference – “ a piece of Irish social history” (Irish Times) – in October 2009 Good Practice Guidelines for creating an inclusive staffroom for lesbian, gay and bisexual staff launched and distributed to all primary schools.
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Section 37.1(b) of the 1998 Employment Equality Act – possible implications for teachers in denominational schools!
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Family ‘ natural, primary and fundamental unit group of society ’ Only recognises the family based on a marriage between a man and a woman Prohibition on dissolution of marriage in 1937 Constitution. Amendment ( Nov.95) allowing divorce followed by legislation - 1996
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Submissions that definition of family be amended to include units other than those based on marriage (based on relationship rather than structure) Preferred option – retain present protection AND extend to all a right to respect for their family life – whether based on marriage or not
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One-parent families Same-sex couples and children Co-habiting couples and children Blended families
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Family Units 12% - non-marital couples-1/3 with children- sharp increase over last 20 years 18% - one-parent families (190,000) 33.1% of births outside marriage-24,844 (more than half to co-habiting parents)
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One – person households on the increase ( up18.7% since 2002) Continued fall in average household size – 2.8 (Dublin 2.5) Co-habiting couples fastest growing family type (up 48,200 since 2002 to 121,800) Fewer adult children living with parents
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3,630 divorces granted in 2008 5,000 – including judicial separations & nullity applications Slowing down & levelling off of rate since introduction of divorce - joint lowest with Italy -linked to fall in marriage rate and later marriages since 1970s
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High Court - lesbian couple – a ‘ de facto ’ family- entitled to protection of family rights Supreme Court – ‘ There is no institution in Ireland of a ‘ de facto ’ family ’ - Article 41 ‘… the family in Irish law is based on a marriage between a man and a woman ’
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‘..an extensive package of rights, obligations and protections for same-sex couples who register as civil partners ’ and ‘ a redress scheme for co- habitants ’ Change ‘ marital status ’ to ‘ civil status ’ in Equality legislation
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Set up 21 years ago Support for members Still difficult for separated teachers to be open in staffrooms – particularly in rural areas
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