IHRC publishes its report on Irelands compliance with the International Covenant on Civil and Political Rights
The Irish Human Rights Commission (IHRC) today published its report which it submitted to the United Nations (UN) Human Rights Committee on the Examination of Irelands 3rd Report on the International Covenant on Civil and Political Rights (ICCPR). The IHRC made this submission in line with its statutory role to ensure that Irish law and policy set standards of best international practice. The IHRCs report provides the UN Human Rights Committee with focused and critical information on the situation of civil and political rights in Ireland since the State last reported in 1999. In making its submission, the IHRC assessed the States performance against the recommendations made by the UN Human Rights Committee in 2000 following its examination of Irelands State Report.
The Irish government will present its report to the UN Human Rights Committee at an oral hearing on 14 and 15 July 2008.
In publishing its own report on Irelands compliance with the ICCPR, Dr Maurice Manning, President of the Irish Human Rights Commission stated not enough action has been taken by the Irish government to address a number of concerns including in relation to detention, and due process rights, as well as, the rights of women, Travellers, immigrants and same-sex couples.
Eamonn Mac Aodha, IHRC Chief Executive stated that the IHRC looks forward to engaging with the UN Human Rights Committee on Irelands record on civil and political rights. As Irelands national human rights institution, the IHRC has a unique mandate to present its views and concerns before the UN Human Rights Committee in Geneva prior to the examination of Irelands Report on 14 and 15 July. We will be making clear where we feel more can be done to advance Irelands compliance with best international law and practice.
In its report, the IHRC raises concerns in 13 different areas. Areas of particular concern include:
Rights of detained people
Detention in the Prison System
The IHRC is concerned that the physical conditions provided in many of the States prisons are wholly inadequate and fail to meet the minimum standards set out in the ICCPR. While noting the Governments commitment in relation to future prison facilities, the IHRC considers that this does not relieve the State of its responsibilities for ensuring minimum human rights standards in Irish prisons and places of detention in the interim, including providing adequate sanitation and adequate and appropriate accommodation. Prison rules should unreservedly require that young offenders are separated from adults in all cases, except where it is in the childs best interests.
The IHRC is also concerned that the level of social rehabilitation programmes in prison is very poor. There is insufficient provision of drugs counselling, treatment programmes for sex offenders, psychological support services, or training and education. The IHRC considers that there is a pressing need for adequate investment in mental health services. It also considers that the approach developed in Wheatfield prison, where the vast majority of the prison population are involved in meaningful work, training and educational courses, should be replicated in all prisons in Ireland as a matter of urgency.
Recognition of Traveller Culture
The IHRC is concerned that the State refuses to recognise the Traveller Community as an ethnic minority. The IHRC has requested the UN Human Rights Committee to consider this issue. Recognition that Travellers are an ethnic minority would make clear from a legal standpoint that the rights and protections that ethnic groups currently enjoy under international human rights law (including Article 27 of the ICCPR) would be comprehensively applied to members of the Traveller Community. In relation to the nomadic lifestyle of Travellers, the IHRC considers that the criminalisation of behaviour under the Housing (Miscellaneous Provisions) Act, 2002 is a disproportionate interference with private and family life and recommends that the legislation be amended or repealed.
Unmarried couples and same sex couples
The IHRC considers that the State should provide legal protection and recognition to same sex couples and de facto couples. The IHRC welcomes the imminent publication of the Scheme of the Civil Partnership Bill 2008 and hopes that the Scheme of the Bill will reflect best international practice in the area.
Immigration
The IHRC is concerned that some of the provisions proposed in the Immigration, Protection and Residence Bill 2008 (2008 Bill) raise questions of compliance with a range of articles in the ICCPR. These include: the right to an effective remedy in relation to limitations on judicial review; the right to liberty of movement in relation to provisions on detention and the right to marry. The 2008 Bill is at Committee Stage, the IHRC considers that the State must ensure that amendments to the Bill bring the legislation into compliance with international human rights standards outlined by the IHRC in its Observations on the Bill.
Human Trafficking
The IHRC restated concerns which it also expressed in its Observations on the Immigration, Residence and Protection Bill 2008. It highlighted the need for more comprehensive supports to protect victims of trafficking and recommended amendments to the Immigration Protection and Residence Bill 2008 to ensure that provisions on human trafficking protect all victims of trafficking.
The report also focuses on a number of other issues including key questions relating to due process rights and police powers, particularly in the areas of periods of detention, access to counsel and access to criminal and civil legal aid.
ENDS
Contact
Fidelma Joyce
Irish Human Rights Commission
Tel: 01 8589601
Notes to Editor
Ireland is a signatory State to the International Covenant on Civil and Political Rights. It is required to report to the UN Human Rights Committee on a periodic basis on the Measures Adopted to Give Effect to the Provisions of the Covenant.
In February 2007, Ireland submitted its 3rd periodic report outlining the legislative, judicial, administrative or other measures that have been adopted by Ireland to the UN Human Rights Committee. In August 2007, the IHRC made a submission to the UN Committee identifying areas of domestic law, where in the view of the IHRC, the Irish government was not fully compliant with its international obligations under the ICCPR. The IHRC submitted its full report (being published to-day) to the UN Committee in March 2008.
The UN Human Rights Committee published a list of priority issues in May 2008 which will be the focus of Ireland’s Hearing before the Committee. The IHRC intends to formally comment on the priority list of issues, in advance of Ireland’s Hearing. The Irish Government will orally present its report for examination by the UN Human Rights Committee on 14 and 15 of July 2008. The IHRC will be present at the hearing.