Alan Shatter T.D., Minister for Justice, Equality and Defence, today, launched the Irish Human Rights Commission’s (IHRC) 2010 Annual Report. At the launch, the IHRC called on the Government to further strengthen Ireland’s human rights structures and to make 14 other voluntary commitments before Ireland’s human rights record is reviewed by the United Nations this autumn.
2010 Annual Report Highlights
- Received 464 communications from people or groups on their human rights concerns
- Called for needs-based quality services for people with severe to profound intellectual disabilities
- Called for a statutory inquiry into the Magdalene laundries
- Called for a range of improvements to be made in the fight against discrimination
- Launched consultation on religion and education in Ireland
- Launched human rights training programme for the civil and public service
- Launched awareness campaign on UN examination of Ireland’s human rights record
Speaking at the launch, Dr Maurice Manning, President of the IHRC, said that
"in 2010, the IHRC continued to produce high quality and credible work that has had a positive impact on promoting and protecting human rights in Ireland. We have remained steadfast in ensuring our independence from both Government and civil society while keeping appropriate links with both. Our independence stems from UN principles but importantly also from our origins in the Good Friday/Belfast Agreement. IHRC independence is vital to ensuring confidence in our monitoring of State activities that impact on human rights, and in enabling us to speak out where improvements need to be made. As the Commission is now ten years old Government should explore ways to strengthen the IHRC’s independence. We have seen all too clearly in recent years, strong, independent oversight of State activities is crucial and should not be interfered with or diminished by Government."
Dr Manning said
"ten years have elapsed since the IHRC was formally created; we have identified six issues that will be key to strengthening human rights structures and powers. In addition to further enhancing its independence, ensuring the Belfast/Good Friday Agreement’s provisions are respected, full compliance with the UN Paris Principles (the international standards required of national human rights institutions) and making the Commission accountable to the Oireachtas (rather than to a Government Department as is currently the case), the Government should also ensure a transparent and credible appointments process for Commissioners and provide adequate resources for the Commission."
Calling on the Government to deal with current gaps in human rights protection identified by the IHRC, Dr Manning continued
"as never before Ireland’s human rights record will shortly be placed under the spotlight in a political and global context through the United Nations Universal Periodic Review process (UPR). In advance of the review, the Government still has an opportunity to make positive changes in policy and practice, or at least to give firm indications that change is imminent in these areas. We are calling on the Government to make 15 voluntary commitments to improve human rights in Ireland."
Speaking on the voluntary commitments, Dr Manning said
"as well as having strong human rights infrastructure, to ensure that human rights are central in Irish law, policy and practice, the State must ratify and implement outstanding key UN treaties, particularly in the area of the rights of persons with disabilities. Ensuring the centrality of human rights also requires human rights training for the civil and public service. "
Dr Manning continued
"In the context of the severe economic crisis facing Ireland, public policy decisions should be human rights proofed to ensure that people who are vulnerable and disadvantaged are protected. Reform of the justice, penal, and asylum systems is also urgently required. We are seeking a comprehensive statutory civil legal aid scheme, alternatives to custody for the punishment of minor offences, and an end to overcrowding and ‘slopping out’, as well as an urgent review and changes to be made in the Direct Provision System for asylum seekers."
On strengthening the impact of the IHRC’s work, Mr Eamonn Mac Aodha, CEO of the IHRC said
"we made many recommendations to Government in 2010 on improvements needed. Our impact could be enhanced were the Government to demonstrate its commitment to the work of the IHRC by putting in place a mechanism to ensure that all our recommendations are fully considered. We are therefore calling on the Minister to introduce a cabinet memorandum requiring all IHRC recommendations to be considered and responded to by the relevant Department or agency. Such a move would firmly demonstrate the State’s commitment to human rights and the work of its National Human Rights Institution."
2010 Annual Report Highlights & Follow-up
Received 464 communications from general public and organisations
Communications received from the general public and organisations related to a wide range of issues. Mr Éamonn Mac Aodha, IHRC Chief Executive, said "dealing with individual human rights concerns is a fundamental aspect of the work of the IHRC. What has been notable in 2010 is the increase in communications about economic and social rights such as housing, health and social welfare."
Called for a statutory enquiry into the Magdalene Laundries
The IHRC’s call for a statutory enquiry into the Magdalene Laundries was reinforced by the UN Committee Against Torture. Mr Mac Aodha said "While a statutory enquiry has not been put in place, the IHRC welcomes the establishment of the inter-Departmental Committee, chaired by an independent Senator, to investigate matters. We will seek to meet the Committee to present our findings and monitor the work of the Committee as its progresses."
Called for systemic reforms to protect the rights of people with intellectual disabilities
The IHRC published its third major enquiry report in March 2010 into services for people with a severe to profound intellectual disability in a residential, day care and respite centre in Co Galway. Mr Mac Aodha said "while some progress has been made in addressing some issues we raised, a number of systemic issues have not been addressed. Chief among these is the reframing of service agreements between the State and the private charities which run these centres to ensure that services are based on need and are of the highest quality. It is also vital that independent oversight, by the Health Information and Quality Authority, of all care homes is assured without delay."
Launched debate on religion and education in Ireland from a human rights perspective
Speaking on the consultation on religion and education in Ireland, Mr Mac Aodha said "the IHRC received more than 60 submissions that informed Religion and Education: A Human Rights Perspective published in 2011. We are very pleased that this report is now being considered by the Government and by the Forum on Patronage and Pluralism in the Primary Sector, chaired by Professor John Coolahan, which is to report to Government later this year. It is timely for the Government to reflect the changing nature of Irish society by committing to ensuring a diversity of school type reflecting the range of religious and non-religious convictions in the State."
Implemented a Civil and Public Service Education and Training Programme
Speaking on the Human Rights Education and Training Project (HRETP) for civil and public servants, Mr Mac Aodha said "human rights principles are central to the delivery of quality customer service and public policy and civil and public servants are pivotal to achieving this important part of the State’s commitment to human rights. Through the Project we have distributed 4,000 copies of a Human Rights Guide for the Civil and Public Service, including a copy to every Garda Station in the country and offered tailored face-to-face human rights training to more than 400 civil and public servants. We look forward to working closely with Government Departments and public bodies in implementing this work into the future."
ENDS/
For further information, please contact
Fidelma Joyce, IHRC,
Tel: 01 8589601; Mob: 087 783 4939
Link to speech by Dr Maurice Manning
Link to speech by Eamonn Mac Aodha
Notes to the Editor
15 Proposed Voluntary Commitments
The IHRC is proposing that these commitments could be made by the State in advance of Ireland’s UPR.
National Action Plan for Human Rights
1. Introduce by 2012 a National Action Plan for Human Rights to mainstream human rights into Irish law, policy and practice, and to consider introducing a positive duty on public authorities to promote human rights and equality.
Strong Independent Human Rights & Equality Bodies
2. Reinstate the funding of the IHRC, Equality Authority, and other human rights and equality bodies so that they can continue to operate effectively to improve human rights and equality in Ireland. It is of note that a number of UN Treaty Bodies and Special Procedures have already called for this to be done.
Ratification of Key UN Treaties
3. Sign, ratify and implement key United Nations human rights instruments not yet committed to:
a. In particular, ratify the Convention on the Rights of Persons with Disabilities (CRPD) by the end of 2011 and have a properly resourced national monitoring mechanism in place by 2012 that meets the standards set out in Article 33 of CRPD.
b. In particular, ratify the Optional Protocol to the Convention against Torture (Op-CAT) by the end of 2011 and designate a properly resourced body or bodies as required under Op-CAT that is in compliance with the Paris Principles.
Address Key Education Issues
4. Develop a National Action Plan for Human Rights Education and Training in line with the World Programme on Human Rights Education.
5. Ensure all members of the Civil and Public Service receive human rights education and training and work with the IHRC in this regard.
6. Commit to securing a diversity of school type in all educational catchment areas in the State to reflect the diversity of religious and non-religious convictions now represented in the State, and pending this diversification introduce those safeguards proposed by the IHRC to protect the right to education and the right to freedom of religion, thought and conscience of all children.
Protect the Most Vulnerable in the Economic Crisis
7. Pledge non-retrogression on all economic policies and undertake by the end of 2012 an assessment of the human rights impact of welfare and service related decisions on those who vulnerable and disadvantaged.
8. Pledge to address as a priority housing needs of the most vulnerable in Ireland.
Reform Justice and Penal System
9. Introduce a comprehensive statutory civil legal aid scheme with adequate resources.
10. Develop alternatives to custody for the punishment of minor offences and develop, in consultation with the judiciary, a policy directed towards decreasing the numbers of persons being imprisoned for such offences.
11. Provide adequate sanitary facilities in all prisons, including in cell sanitation to ensure the end of ‘slopping out’ and take immediate steps to tackle overcrowding in prisons.
Protect Against Racial Discrimination
12. Introduce a comprehensive system for the monitoring of racist incidents.
13. Recognise Travellers as an ethnic minority and provide sufficient resources for the full implementation of Traveller Education and Health Strategies and the provision of culturally appropriate accommodation to all Travellers in line with Government policy.
Asylum System Reform
14. Reform the system of Direct Provision and implement an independent review process for complaints made by people in Direct Provision accommodation.
15. Eliminate the detention of deportees in prisons.