Publications

The Attorney General v. Eric Eoin Marques / Eric Eoin Marques v. The Director of Public Prosecutions and the Attorney General.

Court of Appeal – June 2016

The Commission addresses two issues:

(a) the practice in the United States of America of taking into account, when sentencing, matters other than those of which a person is convicted.

(b) whether the DPP was obliged to provide reasons for her decision not to prosecute the Appellant.

The Attorney General v. Eric Eoin Marques Eric Eoin Marques v. The Director of Public Prosecutions and the Attorney General. Court of Appeal. June 2016

In these recommendations, the Commission provides substantive observations on the following Heads of the General Scheme of the Bill: Head 1: Reasonable accommodation Head 2: National mechanisms Head 3: Deprivation of liberty Head 10: Amendment of Equal Status Act 2000-2015 Head 11: Amendment of Employment Equality Acts 1998-2015 observations-on-the-general-scheme-equality-disability-miscellaneous-provisions-bill

The Commission was formed through the merger of the former Equality Authority and the former Human Rights Commission, both of which undertook significant work on education and, respectively, equality and human rights. These observations draw on the insights gained from that work, including knowledge of the practical barriers that students have faced in securing admission to school in ways that have undermined their right to not be discriminated against or that limit the full realisation of their human rights, and knowledge of the practices of some schools after admission that affect the full realisation of the students’ rights.

IHREC Submission: Consultation on Strategy for the Rental Sector

The Commission highlights some relevant obligations under Section 42 (Public Sector Duty) of the Irish Human Rights and Equality Commission Act 2014, under international human rights law, along with a number of other observations, which should be given due consideration during the drafting of the Strategy for the Rental Sector.

This Memo provides background information to the Murray Review (the ‘Review’) established in January 2016 to examine the legislative framework in respect of access by statutory bodies to communications data. The Irish Human Rights and Equality Commission (the ‘Commission’) highlights human rights and equality issues of concern in relation to the specific context of the Review.

Public Sector Duty Leaflet

Section 42 of the Irish Human Rights and Equality Commission Act 2014 places a positive duty on public sector bodies to have regard to the need to eliminate discrimination, promote equality, and protect human rights, in their daily work. This leaflet provides some information on the duty and possible approaches for implementation.

NHV v The Minister for Justice and Equality – July 2016

The Commission’s core submission is that non-citizens, including persons seeking asylum or subsidiary protection such as the Applicant, are entitled to invoke and enjoy the right to work or earn a livelihood which has long been recognised under Article 40.3.1˚ of the Constitution.

Annual Report 2015

The first Annual Report of the Irish Human Rights and Equality Commission covering the period November 2014 to December 2015.

Tuarascáil Bhliantúil 2015

Is í seo an chéad Tuarascáil Bhliantúil atá á cur faoi bhráid Thithe an Oireachtais maidir le hobair Choimisiún na hÉireann um Chearta an Duine agus Comhionannas a bunaíodh i mí na Samhna 2014 agus a chlúdaíonn an tréimshe ó Samhain 2014 go 31 Nollaig 2015.

The UN Convention on the Rights of Persons with Disabilities (CRPD) contains an important innovation in Article 33, which requires states to establish national mechanisms to implement, to coordinate and to monitor progress in achieving the aims of the Convention. It is the first UN human rights treaty to contain a requirement for the establishment of a monitoring mechanism in the text of the treaty itself, as opposed to in an additional Optional Protocol. This has been described as a key innovation with the potential to transform the ‘majestic generalities’ of the Convention into concrete reform at the domestic level.1 Central to the inclusion of this innovation in Article 33 was the concerted effort of people with disabilities, their representative organisations, and National Human Rights Institutions (NHRIs) in the negotiation of the Convention.

Important Changes to Equality Law for Rental Market

Refusing to accept tenants because of rent allowance is now illegal. As of the 1st January 2016, the Equality (Miscellaneous Provisions) Act 2015 has introduced “housing assistance” as a new discriminatory ground. This means that people in receipt of rent supplement, housing assistance payments or other social welfare payments can no longer be discriminated against […]

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