THE right of every child to free primary education should be explicitly stated in the Constitution, according to the review group. It also recommends the Oireachtas should "seriously consider extending this right to second level education as this may be defined by law".
The review group also is concerned with the use of the words "natural", "inalienable" and "imprescriptible" in relation to the constitutional rights given to the family in Articles 41 and 42, and recommends removal of these words from Articles 41 and 42.
The report states that it "potentially places too much emphasis on the rights of the family as a unit as compared with the rights of individuals within that unit".
On the question of the rights of parents in regard to education being confined to married parents, the group says the rights under Article 42 should apply to "all non marital parents, provided they have appropriate family ties and connections with the child in question".
The group proposes no change in relation to compulsory school attendance. It says "the right and duty of educating children should be vested in parts" but the State is entitled to insist on a certain minimum education for all children.
The Review Group considers that the Oireachtas should have the power to define by law the meaning of this term with "due regard to the right of parents to make decisions concerning the religious and moral education of their children".
A majority of the review group was against an amendment extending the right to education to all persons. A majority also did not favour an absolute requirement in the Constitution promoting equality in education, but there was no objection to a "directive principle" promoting quality of access to, and participation in, education.