Section 14: Protection of freedom to establish schools

14. Protection of freedom to establish schools (1) No religious denomination and no religious, social, ethnic or cultural association or group shall be prevented from establishing and maintaining schools at its own expense. (2) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of subsection (1) to the extent that the law in question makes provision— (a) in the interests of defence, public safety, public order, public morality or public health; or (b) for regulating such schools in the interests of persons receiving instruction in them, except so far as that provision or, as the case may be, the thing done under its authority is shown not to be reasonably justifiable in a democratic society. (3) No person shall be prevented from sending to any such school a child of whom that person is parent or guardian by reason only that the school is not a school established or maintained by the Government. CON – 15 [Issue 9] The Constitution (4) In subsection (3), “child” includes a stepchild and a child adopted in a manner recognised by law, and “parent” shall be construed accordingly.