The Irish Human Rights and Equality Commission (IHREC) has welcomed the intervention of the United Nations Special Rapporteur on the right to adequate housing. Dr Koldo Casla has written to the Irish Government and raised serious human rights and equality concerns about the Housing and Residential Tenancies (Miscellaneous Provisions) Act 2026.
UN Special Rapporteur highlights discrimination risks
The UN Special Rapporteur’s communication dated 6 August, raises concerns that the new legislation could result in entire households being denied social housing support because of the residency status of one household member.
He warns that this could have severe consequences for victims of trafficking, people who have experienced domestic and gender-based violence, migrant communities and other vulnerable groups, and raises concerns that the legislation could contribute to an increase in rough sleeping.
In his detailed intervention, Dr Casla stresses that any laws or policies which reduce protection of the right to housing should be necessary and proportionate, should involve meaningful engagement with people affected, must not be discriminatory and must ensure that the rights of the most disadvantaged are not disproportionately affected. Crucially, the UN Special Rapporteur states that nationality and migration status are not, in themselves, sufficient grounds to exclude people from the enjoyment of their human rights, and that any differential treatment must be justified as necessary, reasonable and proportionate.
He calls on the Government to explain how restrictions on access to housing based on migration status comply with the principles of legality, reasonableness, necessity, proportionality, transparency and impact assessment, including their impact on particularly vulnerable groups. The Rapporteur specifically emphasised the need to take into account Ireland’s international human rights obligations and its obligations under the Public Sector Duty in Section 42 of the Irish Human Rights and Equality Commission Act 2014.
IHREC concerns on legislation
The intervention comes after IHREC also raised serious concerns about the legislation directly with the Minister for Housing, Local Government and Heritage in correspondence on 9 June and 8 July 2026. In addition, as the legislation passed, IHREC raised concerns about the manner in which this legislation was rushed through without adequate scrutiny, meaningful consultation or a proper human rights impact assessment.
Chief Commissioner Liam Herrick said:
This intervention by the UN Special Rapporteur on the issue of housing rights is highly significant. IHREC has already raised very serious concerns about the human rights and equality implications of these provisions with the Minister, including the disproportionate effects on people who are already among the most vulnerable in our society, such as migrants, victims of trafficking, and victims of domestic, sexual and gender-based violence. We now have an independent UN human rights expert raising significant concerns about the potential impact of the legislation on some of the people who are most vulnerable to homelessness and housing insecurity.
The key question being posed to the Government by Special Rapporteur Casla is whether they have adequately considered the effect of this new law on people's human rights. This legislation must be judged not simply on whether it is legally permissible or whether it provides clarity to local authorities; but on its real-world impact on people’s ability to access housing and avoid homelessness.
The Special Rapporteur has asked the Irish Government to provide further information on the legislation and its human rights implications. His communication and any response from the Government will subsequently be made available through the UN human rights reporting process and to the Human Rights Council.
Following the passage of the legislation, Minister James Browne has responded to IHREC's concerns about the Act, stating that the Department had considered the Commission’s concerns and sought detailed legal advice from the Office of the Attorney General in relation to key provisions in the Law. The Minister said the Government was satisfied that the legislation was compatible with the Constitution, European and international law. IHREC will continue to engage with Minister Browne on the application of the new law and will monitor the impact on all categories of persons.
ENDS
Notes to Editor
- Dr. Koldo Casla is the UN Special Rapporteur on adequate housing as a component of the right to an adequate standard of living, and on the right to non-discrimination in this context.