Commission calls current situation ‘unacceptable, both legally and morally’
The Irish Human Rights and Equality Commission (‘the Commission’) has today written to the Minister for Children, Equality, Disability, Integration and Youth, Roderic O’Gorman, to express its view that Ireland is currently in clear breach of its international obligations regarding newly arrived applicants for International Protection.
We are deeply concerned by the communication from the Department which says that newly arriving applicants for International Protection, who present as single people without children, will not be provided with accommodation. The Commission believes that this is a clear breach of the European Communities (Reception Conditions) Regulations 2018 (S.I. No. 230/2018) and the related European Directive.
While the legislation does envisage an exceptional situation where housing capacity is temporarily exhausted, it stipulates that, in these cases, and for as short a period as possible, an applicant’s basic needs must still be met. However, we believe that these basic needs are not being met in circumstances where no accommodation is provided to new applicants for International Protection.
In addition, there may be further breaches of the law with respect to the provision of material reception conditions that include food, a daily expense allowance, clothing, and access to healthcare, all of which provide a level of subsistence support to those applicants.
As Ireland’s national human rights institution, we believe that it is unacceptable, both legally and morally, that Ireland does not meet the basic needs of applicants for International Protection, many of whom are vulnerable persons. The refusal of shelter by the State renders these individuals even more vulnerable to destitution and exploitation.
We ask the Minister to reverse this decision and the Government to use all of the powers at its disposal to address this situation. We also seek urgent clarification from the Department as to what is being done to provide subsistence support to newly arrived applications for International Protection, who are not being offered accommodation.
Furthermore, the Commission is of the view that standards in accommodation, which is already housing many thousands of applicants for International Protection and Temporary Protection, need to be addressed.
Chief Commissioner Sinéad Gibney said:
“Ireland’s breach of our international obligations is both legally and morally unacceptable. Many of the people coming here have already suffered trauma in the countries they are fleeing.
Accommodating people who seek asylum into Ireland is not a choice: it is our obligation, one that we have signed up to. The State must move out of emergency mode, and implement a long term, whole-of-Government approach that reflects the reality of the world we now live in.”
ENDS
For further information, please contact:
Sarah Clarkin, IHREC Communications Manager,
01 852 9641 / 087 468 7760
Follow us on twitter @_IHREC
Notes to Editor
The Irish Human Rights and Equality Commission
The Irish Human Rights and Equality Commission is an independent public body, appointed by the President and directly accountable to the Oireachtas. The Commission has a statutory remit set out under the Irish Human Rights and Equality Commission Act (2014) to protect and promote human rights and equality in Ireland, and build a culture of respect for human rights, equality and intercultural understanding in the State.
The Irish Human Rights and Equality Commission is Ireland’s national human rights institution and is recognised as such by the United Nations. The Commission is also Ireland’s national equality body for the purpose of a range of EU anti-discrimination measures.