The Minister for Justice, Equality and Law Reform was today presented with a research report commissioned by the Irish Human Rights Commission on the rights of same-sex and opposite-sex cohabiting couples. The report entitled The Rights of de facto Couples was written by Judy Walsh and Fergus Ryan and outlines the international human rights standards as they apply to de facto couples and assesses the adequacy of current Irish law in this regard.
"The authors highlight specific areas of domestic law which require legislative amendment in the light of international standards, as well as predicting that other areas may need revision in the future as the international norms evolve. At a more fundamental level, they conclude that there is a compelling case to be made for the State to provide some formal level of legal recognition to same-sex partners" stated the President of the Human Rights Commission, Dr. Maurice Manning.
This report concerns de facto couples, i.e. two persons cohabiting outside of marriage, including both opposite-sex and same-sex partners. Ireland has in recent decades experienced significant growth in the diversity of family types outside the traditional norm, including arrangements involving one-parent families and de facto couples. The 2002 Census enumerated just over 77,700 such couples, 29,709 of such family units containing one or more children. Notwithstanding this, Irish law continues to confine many rights and obligations, privileges and immunities to couples who are legally married. The purpose of the report is to determine to what extent this stance is permitted by international human rights instruments to which this State is a party.
The report provides a comprehensive survey of the pertinent legislation, standards and jurisprudence arising from the European Union, the United Nations and the Council of Europe as well as legislation and jurisprudence from Ireland. "While it is clear that international human rights standards warrant immediate changes to discrete legal provisions, such reforms would, we suggest, be best introduced through an overarching statute providing for relationship recognition. An incremental approach to change arguably gives rise to inefficiencies and potential confusion, in particular the possibility of uncertainty regarding the definition of a de facto couple. Failure to instantiate a fundamental change to the legal framework governing relationships may generate adverse litigation outcomes and consequent needs for continual, ad hoc re-alignment between domestic and international laws" said Judy Walsh, one of the authors, speaking at the launch this morning.
"We wish to thank the Minister for Justice, Equality and Law Reform, Mr. Michael McDowell, for being present today to receive this report which I am confident will assist the debate which has already begun. It is a debate which raises complex and emotional issues; which will challenge many traditional and deeply held views; which will try the patience of those who feel they have waited long enough already for change. Our motivation in commissioning this research is to highlight the human rights considerations in this debate and we feel confident this report meets that objective" concluded Dr. Manning.
Please follow the link to read the report and speaking notes from this launch:
http://www.ihrc.ie/home/wnarticle.asp?NID=141&T=N&Print=
For further information, please contact:
Mary Ruddy
Senior Human Rights Awareness Officer
Irish Human Rights Commission.
Jervis House,
Jervis Street,
Dublin 1.
Tel. 01 8589 601
Mobile: 087 2400695
E-mail: info@ihrc.ie
Website : http://www.ihrc.ie