The Irish Human Rights and Equality Commission Designate (IHREC Designate) today published its submission to Mr Charlie Flanagan T.D., Minister for Children and Youth Affairs on the proposed Commission of Investigation to inquire into Mother and Baby Homes. The IHREC Designate is calling for a Commission of Investigation that meets Ireland’s human rights obligations and is underpinned by legislation that can ensure effective remedies, including redress for victims.
Betty Purcell, Acting Chair of the Irish Human Rights and Equality Commission (IHREC Designate) said “the operation and oversight of institutions such as Mother and Baby Homes and Magdalen Laundries raise very serious questions about the extent to which the State has complied with its human rights obligations under the Constitution and under international human rights law. In establishing the Commission of Investigation, it is essential that the State ensures that a human rights and equality framework be applied. This means that the terms of reference, the process of the investigation and redress of alleged historic human rights abuses are informed by and fully compliant with the State’s human rights obligations. For this to happen, the Commission of Investigation Act 2004 may need to be amended.”
Ms Purcell continued “The investigation must be independent, impartial, transparent, adequate and effective, and timely. A key component of an effective investigative mechanism will be its ability to establish the facts and the truth. It must have powers of compellability based in statute and be able to source all information and documentation to establish and properly test allegations of human rights abuses. Victims should be allowed, at their request, to give evidence in public. It is vital that victims are consulted during the investigation and given a voice in the investigative process. Where human rights violations are established, the investigation must lead to effective remedies including redress for victims, allow for prosecution of criminal activity, and ensure that these violations do not occur in the future. Consideration should be given to inviting an independent international human rights expert to chair the Commission of Investigation.”
In relation to the scope of the Commission of Investigation, Ms Purcell said “the terms of reference of the Commission of Investigation should include all Mother and Baby Homes, including Bethany Home, and any similar institutions which provided for the care of women and their children during the relevant period including the referral of women and girls to and from psychiatric hospitals by social services. It should include examination of the Magdalen Laundries where many similar and interconnected concerns arise. All relevant issues relating to infant mortality, burial arrangements, adoptions, and vaccine trials which took place in, under the auspices of, or following residence in the Mother and Baby Homes should be investigated. The work of the Commission of Investigation will be considerable in its scope and to be truly independent, in the performance of its functions it must be adequately resourced and funded in order to complete its inquiry in a timely manner.”
In relation to consequences of the Investigation, Ms Purcell said “Legislation underpinning the Commission of Investigation must be capable of allowing the elements of redress to flow from the findings of the Investigation in three distinct areas: criminal prosecutions where warranted; remedies for individuals whose human rights were violated; and a right to truth and apology to ensure guarantees of non-repetition. For the State to fully meet its human rights obligations and to ensure adequate redress, the Commission of Investigation Act 2004 may need to be amended and supplemented by further legislation. Consideration should also be given to amending the Statute of Limitations Acts where violations of human rights are found to have occurred.”
The IHREC Designate sets out in its submission a range of human right standards pertinent to the investigation and to determining human rights violations. Prohibition on discrimination is significant when considering the pervasive societal discrimination against women and girls who became pregnant outside of marriage and the stigmatisation and discrimination experienced by ‘illegitimate’ children. Serious issues arise in relation to the right to life, the right to liberty, the right of children to be protected by the State, the right to bodily integrity, privacy and family life as well as freedom against torture and inhuman or degrading treatment as set out in the Constitution, the European Convention on Human Rights and the UN Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment among others.
ENDS/
For further information please contact, Fidelma Joyce, IHRC Mobile 087 783 4939
A spokesperson is available for comment.
Notes to Editor
The Irish Human Rights and Equality Commission Designate (IHREC Designate) was appointed in April 2013 in advance of the merger of the Irish Human Rights Commission (IHRC) and the Equality Authority. The legislation to establish the new Irish Human Rights and Equality Commission is currently progressing through the Oireachtas.
The IHREC Designate Submission on the Commission of Investigation to inquire into Mother and Baby Homes, June 2014
The IHRC published an Assessment of the Human Rights Issues Arising in relation to the “Magdalen Laundries” Report in November 2010.
The IHRC published a Follow-up Report on State Involvement with Magdalen Laundries in June 2013.
The IHREC Designate published its Report on Ireland’s 4th Periodic Report on the International Covenant on Civil and Political Rights in June 2014.