Supreme Court significantly clarifies rights of persons with disabilities to reasonable workplace accomodation

The Commission has welcomed an important Supreme Court ruling on the rights of persons with disabilities to have reasonable accommodation made in workplaces as set out in legislation.

• Reverses the previous decision of the Court of Appeal by setting out that reasonable accommodation can involve a redistribution of any task or duty in a job.
• Sets out an expectation of consultation of employees on reasonable accommodation.
• Focuses on the dignity of the person and the centrality of the State’s obligations under the UN Convention on the Rights of Persons with Disabilities ratified by Ireland in 2018.

Time spent on care and unpaid work in Ireland is 3rd highest in EU

Commission appears before Supreme Court in right to fair trial case

The Commission has appeared before the Supreme Court as amicus curiae in an internationally significant case relating to the European Arrest Warrant system and the right to a fair trial.

The case (Artur Celmer v. Minister for Justice and Equality) had been appealed directly from the High Court to the Supreme Court as it is of significant public importance. It centres on the requested extradition of Mr. Artur Celmer, a Polish national, to Poland under the European Arrest Warrant system, where concerns have been raised by Mr. Celmer over the impact of recent legislative changes in Poland on the independence of the judiciary, the courts and the Public Prosecutor. These changes, according to Mr. Celmer, undermine the possibility of him receiving a fair trial.

Related media
Commission media release

Commission granted amicus role in two Supreme Court cases

The Commission has been granted liberty by the Supreme Court to exercise its amicus curiae function in a case exploring how separated parents exercising joint custody of their children are treated when applying for housing assistance payment (HAP) under the Housing Act 2009.

The case (Fagan v. Dublin City Council) centres on a separated father of three children, Mr. Fagan who sought HAP assistance to accommodate himself and his children. The Council assessed him as a one-person household for the purposes of the Housing Act, notwithstanding his three-night per week custody and co-parenting rights to his children, and so regarded Mr. Fagan’s need as being for a single bedroom unit.

In November 2018, the High Court backed Dublin City Council’s decision but permission to appeal to the Supreme court was granted to Mr Fagan and his children in April 2019.

In a separate case, the Commission was also granted liberty from the Supreme Court to exercise its amicus curiae function in a case focused on marriage and family rights.

The case (MKFS v. the Minister for Justice and Equality) is expected to clarify whether a marriage contracted under the Civil Registration Act 2014 is valid where the Minister for Justice considers it to have been contracted for the purpose of obtaining EU law entitlements.

Commission sets out priority areas for State action combating violence against women

The Commission marked the entry into force of the Istanbul Convention for Ireland on 1 July, a Council of Europe treaty on preventing and combating violence against women and domestic violence, by setting out its recommendations for key priority actions from the State.

As Ireland’s national human rights and equality body, we will actively participate in monitoring the implementation of the Convention in Ireland, and will independently reporting to the Council of Europe’s expert body (GREVIO) on State progress to combat and prevent violence against women and domestic violence.

Resources
Statement on the ratification of the Council of Europe Convention on preventing and combating violence against women and domestic violence

Related media
Irish Times article
Commission media release

UN High Commissioner for Refugees speaks at Commission event during State visit

Disability Rights: #AllHuman #AllEqual campaign making waves

The Commission's national awareness campaign “Because we’re all human. Means we’re all equal.” challenges societal and individual attitudes that limit people with disabilities’ participation in everyday life.

Running across cinema, radio and online over the summer, the campaign features 13 interviews with people from across Irish society, sharing personal perspectives on everyday life and some of the barriers encountered when living with autism, an intellectual disability or complex needs; being visually-impaired or blind, hard of hearing or Deaf; and having a physical disability or being affected by mental ill-health.

Follow the campaign on Twitter and Instagram with the hashtags #allhuman #allequal.