The Constitution is for the people of Ireland, not an economy, Ms Justice Denham said. It established the principles by which the community wished to live and placed the family as the primary unit group of society. The issues in this case were fundamental concepts of the Constitution - the right to have free primary education provided, the role of the family in education, equality and the recognition of work done by women and mothers in the home for the common good.
Article 42.4 of the Constitution, which states the State shall provide for free primary education, is grounded in the family sphere and the family consists of children and parents. The right to have free primary education provided was "a promise to the people". The essence of Article 42 was the concept of the family and a child growing up in the heart of the family. Article 42 did not relate to adults and did not give to adults the right to free primary education. That right was reserved for children.
The State had conceded Mr Sinnott had this right to age 18. The choice of 18 was somewhat arbitrary, 14 might seem more logical, but the right to free primary education was for all children, some of whom might have physical, mental or social difficulties in exercising it. In constructing Article 42.4, it should be ensured all children get the benefit of the right. It was fitting the age at which the right ceases to exist was when the person was no longer a child and it was reasonable to take the age at which society treated a young person as an adult, 18, as the age when the right ceases to exist. Mr Sinnott had a right to free primary education up to age 18 but not afterwards.
On Ms Sinnott's case, the issue was whether Ms Sinnott has constitutional rights under Article 42, to equality and in relation to the family, which were breached.
Ms Justice Denham said Article 41 of the Constitution recognises the special position of mothers. While evolving, the family remained, as a constitutional unit, grounded in marriage. Article 41 had to be construed in the Ireland of the Celtic Tiger and was a recognition for all families.
The judge found Ms Sinnott had a right to have free primary education provided for her son. The State's failure to do so breached that right. Ms Sinnott had her own cause of action and damages could be awarded to separate persons arising out of the same set of facts.