There has been a great deal of comment about the jailed schoolteacher Enoch Burke’s rights.
His right to freedom of speech, freedom of expression and rights in respect of his religion.
There has been little comment about the competing rights in this case, however.
The rights of the school to maintain order in the school and workplace, the right of the school to investigate and discipline employees, when necessary, the right of the school to establish and maintain a safe place to work, to ensure dignity and respect for all employees and pupils, and the right to deliver an education to the pupils of the school.
The rights of the pupils to an education, the right of one pupil in particular to exercise rights about gender and to avail of the Gender Recognition Act 2015.
Many individuals who have strong opinions about Burke’s rights appear to ignore the law that is on the statute books and how it came about.
The Gender Recognition Act 2015 came about as a result of the High Court ruling that Ireland was in breach of the European Convention on Human Rights following an application to the High Court by Lydia Foy.