Letter to President of the European Committee of Social Rights on the Non-Accepted Provisions of the European Social Charter

Letter sent to Professor Aoife Nolan and the Council of Europe European Committee of Social Rights, on Ireland’s report on the Non-Accepted Provisions of the European Social Charter, particularly Article 31 (Right to Housing).

Professor Aoife Nolan,

President of the European Committee of Social Rights,

Council of Europe,

Avenue de l'Europe,

F-67075 Strasbourg Cedex

14 October 2025

RE: Ireland’s report on the Non-Accepted Provisions of the European Social Charter, particularly Article 31 (Right to Housing)

Dear Professor Nolan, 

The Irish Human Rights and Equality Commission (IHREC) welcomes the opportunity to comment on Ireland’s report on the non-accepted provisions of the European Social Charter (ESC), namely Articles 21 (Right to Information and Consultation) and 31 (Right to Housing). 

We note recent legislative changes regarding worker consultation in the event of redundancy, and note the State’s intention to ‘examine its position regarding Article 21 (a and b) with a view towards moving to acceptance’.^[1] However, we note this was the same position on Article 21 as stated in the 2021 report on non-accepted provisions,^[2] and regret that the State has not yet accepted the provision. 

Access to adequate housing is essential to live a dignified life, and necessary precondition for the enjoyment of a multitude of other human rights.^[3] 

We are primarily concerned with the State’s position regarding Article 31 and respectfully submit that the State’s stated reason for non-acceptance of Article 31 – namely, that Constitutional constraints preclude acceptance – is not correct. 

The European Committee of Social Rights, in their Fourth Report on Ireland’s Non-Accepted Provisions, stated that there are ‘no major obstacles’ to the acceptance of Article 31.^[4] However, it is important to highlight that the enshrinement of the right to housing in the Constitution would provide much stronger remedies as it can result in the invalidation of clashing laws, and it can never allow the interpretation of the law in a manner that departs from its literal meaning.^[5] Nonetheless, the steps to constitutional reform can be undertaken by the State after acceptance of Article 31. 

We draw the Committee’s attention to the 2024 Independent Housing Commission’s Report, an independent body tasked with examining Ireland’s housing system and making recommendations to shape long-term policy.^[6] This report echoes the Committee’s position that there are no obstacles to the State’s acceptance of Article 31. IHREC engaged with the Housing Commission’s public consultation, in which we advocated for enshrining economic, cultural and social rights, including a right to housing, in the Constitution.^[7] The Housing Commission’s public consultation on a  housing referendum received more than 2,000 submissions, the majority in favour of holding a referendum.^[8] Our own research indicates that 60% of a representative sample agree that a right to housing should be enshrined in the Constitution.^[9] 

The members of the Housing Commission could not reach a consensus on a choice to hold a referendum on the constitutional right to housing, or the proposed wording in the event of a referendum. However, both the majority and minority opinions of the Housing Commission agreed that there is in fact no constitutional obstacle to delivering housing reform.^[10]Nonetheless, the majority opinion refers to a pervasive and persistent view among government actors and legislators that the Constitution does in fact present such a barrier. Therefore, an amendment would have the advantage of clarifying the legal and constitutional position that the State is entitled to regulate private property rights in the interest of the common good.^[11]

However, we are concerned regarding the lack of meaningful engagement of the Government with the findings of the Housing Commission after the report’s publication in 2024,^[12] and note that the commitment to hold a referendum on the right to housing has not been included in the current Programme for Government.^[13] 

As it currently stands, the housing crisis in Ireland reaches new lows as recorded in State data. As of August 2025, the current number of those accessing emergency accommodation is over 16,000, including over 5,000 children, although the real figure of those experiencing homelessness is much higher, if the ‘hidden homeless’ are taken into account.^[14] However it is difficult to put an accurate figure on this, as official data fails to capture the full scale of the problem, as there is no mechanism for counting the real number of homeless people, the number of households who need additional social housing supports, or the number of adults living with family who would prefer to live independently.^[15]

The lack of accurate data for estimating the true level of demand for all types of housing has contributed to decades of inadequate planning in policy, legislation and implementation. The Government’s own (revised) targets aim to deliver 303,000 homes between 2025 and 2030,^[16] equating to an annual average of 50,500 homes, building up to 60,000 in 2030. The upwards revision of targets is positive, but we note that the Government has repeatedly failed to meet previous lower targets; despite claiming they were on track to exceed the targets in 2024.^[17] However we note with concern that even these revised targets are insufficient to meet the true level of pent-up demand. The Housing Commission estimated there is a housing deficit of 212,500 to 256,000 homes.^[18] To meet annual demand without addressing the deficit would require about 50,000-60,000 home per year over the next 30 years.^[19] To address both the outstanding deficit and annual demand between 2025 and 2030, delivery would have to be somewhere in the region of 85,000 to 100,000 homes per year, with 20 percent earmarked for social housing. This is far below current government targets and far above what the system in its current state is capable of delivering.^[20] 

IHREC has also repeatedly raised concerns about discrimination in the housing sector, most recently in our 2024 parallel report under the International Covenant on Economic, Social and Cultural Rights. In this report, we note that structurally vulnerable groups such as people with mental health challenges, victims and survivors of domestic, sexual and gender-based violence, migrants, Travellers, and Roma are particularly affected and at risk of falling into homelessness or living in overcrowded and poor-quality living conditions, in violation of multiple ESC rights. The State has an over-reliance on the private market to supply housing to social tenants, but discrimination by private landlords against social applicants is rife, and a clear manifestation of socio-economic discrimination.^[21] Despite prohibition of this form of discrimination under the Equal Status Acts 2000-2018, avenues for redress are limited by the high burden of proof for the claimant, limited access to legal aid, financial constraints and the complex legal framework as a deterrent.^[22]

As the Housing Commission has illustrated, the State requires a radical reset in housing policy to prevent the crisis worsening. As a first step, the State needs to take account of changing population demographics  to ensure that housing targets are reflective of the true level of current and future need.^[23]

If the European Committee wishes to engage further with the State on Article 31, IHREC would respectfully ask them to consider the following:

1. Reiterate that there is no constitutional impediment to Ireland’s acceptance of Article 31. 
2. Recommend the full implementation of the 83 recommendations set out by the independent Housing Commission in their 2024 Report.

IHREC stands ready to support further constructive engagement on Article 31. 

Yours sincerely,

Liam Herrick

Chief Commissioner

Irish Human Rights and Equality Commission