Abortion Northern Ireland: Teachers may boycott new abortion lessons imposed by Secretary of State - and have the right to do so, claims Presbyterian leader and public affairs charity CARE
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The claims were made by the Presbyterian moderator and a faith-based public affairs charity, CARE, after Secretary of State Chris Heaton-Harris said that he was reworking relationship and sexuality education (RSE) for NI schools.
A statement from the Northern Ireland Office this week said his new regulations will result in educating adolescents on issues such as "how to prevent a pregnancy, the legal right to an abortion in Northern Ireland, and how relevant services may be accessed".
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Hide AdThe Westminster government has said new the new lessons should be delivered in “a factual way that does not advocate, nor oppose, a particular view on the moral and ethical considerations of abortion or contraception”.
The announcement was welcomed by the NSPCC and the NI Human Rights Commission.
However the move has been strongly opposed by many churches, including the Catholic and the Free Presbyterian Churches, the Church of Ireland, Methodist and Presbyterian Church in Ireland.
In 2020 the Assembly also passed an indicative motion protesting against Westminster liberalising abortion legislation in NI - which it had done the year before.
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Hide AdBut now the Moderator of the Presbyterian Church in Ireland, Rev John Kirkpatrick, has said that a boycott of such lessons by teachers is a real possibility.
“We have a great deal of Christian teachers in our school system," he said. "I'm not sure what they would do. I think many of them would feel very uncomfortable about pointing young people to abortion services.
“I think they would most likely feel our conscience would not let them do that. Many of them would. There may be one or two who feel pressured into it. But I think most would feel on their conscience unable to do that," he told Premier Radio.
Mr Heaton-Harris says he is obliged by legislation passed by his predecessor to implement recommendations from a New York-based UN organisation, the Committee on the Elimination of Discrimination against Women (CEDAW). In its report on NI, CEDAW claims that young people in Northern Ireland are "denied the education necessary to enjoy their sexual and reproductive health and rights".
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Hide AdHowever CARE NI, a faith-based public affairs charity, warned that schools cannot compel a teacher to take part in such lessons.
Policy Officer Rebecca Stevenson, said: “The right of teachers who have a Christian faith must also be respected. At present, schools cannot compel a member of staff to take part in lessons that they conscientiously object to. This may be an issue in lessons on abortion, and teachers in this category must be accommodated.
“We share the concerns of those in the Catholic Maintained sector that these regulations could criminalise teachers and schools aligned to views that are different to the government-imposed curriculum. The Secretary of State must proceed with caution."
Also today, the Evangelical Presbyterian Church came out against the new lessons. Rev Robert Johnston, Convenor of its Public Morals Committee, said: "We are saddened, but given their track-record not surprised, that organisations such the NI Human Rights Commission and the NSPCC, which purport to protect human rights and prevent cruelty to children should be so welcoming of these curriculum changes. They surely need to search their consciences on this matter."
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Hide AdThe NIO and the UTU were invited to comment on the boycott claims.
The Christian Legal Centre lawyer said that the European Convention on Human Rights / Human Rights Act includes freedom of conscience and religion/belief - and the freedom "not to believe in gender identity belief".
On two occasions in the last three years, he said, the Employment Appeal Tribunal has held that secular or religious beliefs which contradict gender identity belief "are protected" under human rights law.
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Hide AdSection 19 of the Fair Employment and Treatment (Northern Ireland) Order 1998 also forbids discriminating against teachers on this matter, he added.
There are "no legal obligations stemming from gender reassignment in the area of education whatsoever" he said.
And if tension arises between school policy and teachers legal rights "a strong presumption should fall in favour of the teacher’s rights".
He added that "any dismissal or detriment suffered by a teacher because of a manifestation of conscience would be actionable in court".
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Hide AdAnd he advised that "not using a desired trans pronoun could not amount to harassment or discrimination in a legal sense".
"Therefore, in principle, there should be no penalties facing teachers who act in accordance with their conscience on this issue."