The Irish Human Rights and Equality Commission (IHREC) has said the Government should urgently progress critical safeguarding legislation, as well as immediately progressing the Inspection of Places of Detention Bill and extend its scope to disability residential services and other health and social care settings.
The call follows publication of correspondence from the Joint Oireachtas Committee on Disability Matters to six Government Ministers, following a committee hearing on safeguarding, institutionalisation and violence against disabled people. Both IHREC and the Fundamental Rights Agency (“FRA”) presented to the Committee.
Among its recommendations, the Committee called for urgent progression of adult safeguarding legislation, including clear safeguarding duties, accountability mechanisms oversight powers and enforcement provisions. It also recommended that the Government prioritise the Inspection of Places of Detention Bill, including consideration of extending inspections to health and social care environments.
Chief Commissioner Liam Herrick said:
“The Committee has clearly recognised that Ireland’s safeguarding framework remains fragmented and insufficient to provide disabled people from abuse, neglect and coercion in institutional settings.”
“Comprehensive safeguarding legislation and robust independent inspection mechanisms must now proceed as a matter of urgency as delays leave disabled people without adequate protection.”
Furthermore, IHREC said that the Inspection of Places of Detention Bill would form a key part of Ireland’s implementation of the Optional Protocol to the UN Convention Against Torture (OPCAT), which requires independent monitoring of places where people may be deprived of their liberty.
“Stronger independent monitoring and inspection systems are essential to protecting disabled people from abuse, neglect and coercion in institutional settings.”
“Where people are isolated from community life and subjected to restrictive practices, there must be effective human rights oversight and accountability.”
Mr Herrick said Ireland’s implementation of OPCAT provides an opportunity to strengthen protections for disabled people living in residential settings.
“The Inspection of Places of Detention Bill is a key part of Ireland’s preventive human rights framework. Its scope should reflect the reality that many disabled people experience significant restrictions on liberty within residential and institutional care settings.”
He added:
“This is not a legacy issue confined to the past. Disabled people continue to face serious safeguarding risks in institutional environments today. The pace of reform does not match the urgency of the problem. Government must not allow any further delays on safeguarding legislation, Protection of Liberty safeguards and independent inspection systems."