The Irish Human Rights and Equality Commission (“the Commission”) has today raised concern to the Council of Europe, challenging State provision of Traveller accommodation, and highlighting the State’s obligations under Article 16 of the Revised European Social Charter.
Traveller accommodation planning and provision also remains incoherent and inadequate, in the absence of an independent authority responsible for oversight and delivery, clear policy commitments and targets, and a comprehensive data infrastructure. The outcome in practice is that Travellers continue to experience egregious violations of their right to adequate and culturally appropriate housing.
The Revised European Social Charter is a binding human rights treaty that Ireland ratified in 2000. Central to our report to the European Committee of Social Rights on the State’s implementation of the Charter, is our concern that Ireland continues to be in violation of Article 16 due to the inadequate safeguards in place for the eviction of Travellers.
Furthermore, we challenge the State on its claim that the general preference among Travellers is for standard housing. This does not reflect our ongoing engagement with Traveller representative organisations and the longstanding commentary that Travellers feel pressured to apply for such housing.
Sinéad Gibney, Chief Commissioner of the Irish Human Rights and Equality Commission stated:
"There needs to be greater accountability in the use of Traveller accommodation funds. For example, we can see from the data that the provision of new Traveller specific units is not given priority in available spend
“The extremely slow progress that has and continues to be made in fully securing Traveller rights following decades of deprivation, discrimination and poverty is indicative of a State architecture which does not regard its obligations with the necessary significance.
“Traveller organisations have long called for an independent authority for Traveller accommodation, a recommendation also made by the Traveller Accommodation Expert Group. Our view is that in the absence of an independent authority responsible for oversight and delivery, the ability of the State to provide accommodation remains incoherent and inadequate.”
ENDS/
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Notes to editor:
The full submission to the European Committee of Social Rights is available at the following link:
Comments on Ireland’s 20th National Report on the Implementation of the European Social Charter
The Government of Ireland submitted its 20th National Report to the European Committee of Social Rights on the implementation of the European Social Charter in December 2022.
This Commission report responds to that State report and its specific update on its response to five collective complaints:
Collective Complaint 83/2012: European Confederation of Police (EuroCOP) v. Ireland
The complaint calls on the State to remove the complete abolition of members of An Garda Síochána’s right to strike in order to bring the current legislative framework into conformity with the right to bargain collectively under the Charter.
We note that the complete prohibition of An Garda Síochána members’ right to strike remains in place. We are of the view that the legislative framework has yet to be brought into conformity with Article 6.4 of the Charter.
Collective Complaint 100/2013: European Roma Rights Centre (ERRC) v. Ireland
In this complaint, the Committee found the State in violation of the right of the family to social, legal and economic protection, due to the failure to provide sufficient accommodation for Travellers, the inadequate conditions of existing Traveller sites, and the inadequate safeguards governing Traveller evictions.
The effect of these inadequate conditions on the health of Travellers became more pronounced recently due to the threat of Covid-19.
We are of the view that Article 16 of the Charter continues to be violated with respect to Traveller rights in the State.
Collective Complaint 110/2014: International Federation for Human Rights (FIDH) v. Ireland
In this complaint, the Committee found that the State violated Article 16 of the Charter due to its failure to take sufficient and timely measures to ensure the right to housing of an adequate standard, with regard to habitability and access to essential services, for a significant number of families living in local authority housing.
We are of the view, based on the State’s report to the Committee, that progress in responding to this complaint continues to be slow, including with regard to national statistics, housing conditions, preventative maintenance and repairs, and regeneration projects. Given that the designation of a regeneration project involves recognition that social housing tenants are living in inadequate conditions, further delays perpetuate and exacerbate the existing rights violations. The situation has not been brought into conformity with Article 16.
Collective Complaint 112/2014: European Organisation of Military Associations (EUROMIL) v. Ireland
The complaint, on the trade union rights of defence force representative associations, calls on the State to remove the complete prohibition against military representative associations from joining national employees’ organisations in order to bring the current law into conformity with the right to organise provisions of the Charter.
We are of the view that as the prohibition against military representative bodies from joining national employees’ organisations has yet to be removed, the current legislative framework continues to be in non-conformity with Article 5 of the Charter.
Complaint No. 132/2016, University Women of Europe (UWE) v Ireland
The complaint, on the gender pay gap and representation of women in decision-making positions within private companies, sets out that Ireland fails to observe the principle of equal pay for women and men for equal, similar or comparable work.
Despite recent legislative measures, there remains a persistent gender pay gap in Ireland and obstacles for victims seeking to enforce their rights. We note in particular the limited scope of companies covered by the Gender Pay Gap Information Act 2021 and the lack of progress in introducing an online reporting system.
We are of the view that in light of these ongoing inadequacies, Ireland is in breach of its positive obligation to ensure pay comparison and pay transparency in practice, and continues to be in non-conformity with Articles 4.3 and 20.c of the Charter.
The European Social Charter
The Revised European Social Charter is a binding human rights treaty that Ireland ratified in 2000 (replacing the State’s accession to an earlier European Social Charter that had been ratified in 1964).
The Charter sets out legal standards in economic, social and cultural human rights, in areas such as housing and accommodation, education, social welfare and protection, and in employment. It also protects structurally vulnerable groups such as children, people with disabilities and older people. It is the Council of Europe’s counterpart for economic, social and cultural rights to the European Convention on Human Rights.
Irish Human Rights and Equality Commission
The Irish Human Rights and Equality Commission is an independent public body, appointed by the President and directly accountable to the Oireachtas. The Commission has a statutory remit set out under the Irish Human Rights and Equality Commission Act (2014) to protect and promote human rights and equality in Ireland, and build a culture of respect for human rights, equality and intercultural understanding in the State.
The Irish Human Rights and Equality Commission is Ireland’s national human rights institution and is recognised as such by the United Nations. The Commission is also Ireland’s national equality body for the purpose of a range of EU anti-discrimination measures.
