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Dáil Éireann díospóireacht -
Tuesday, 14 Jun 1988

Vol. 382 No. 1

Written Answers. - Elimination of Discrimination.

60.

andMr. Taylor asked the Minister for Foreign Affairs if he proposes to introduce legislation to ensure that, in accordance with Article 44.2.3º of the Constitution, the State shall not impose any disabilities or make any discrimination on the grounds of religious profession, belief or status and to give effect to Article 7 of the United Nations Declaration on the Elimination of All Forms of Intolerance and Discrimination Based on Religion or Belief, otherwise known as the Irish Declaration which Article requires that the rights and freedoms set forth in the Declaration be accorded in national legislation in such manner that everyone shall be able to avail himself of such rights and freedoms in practice.

As the question recognises, Article 44.2.3 of the Constitution already provides explicitly that the State shall not impose any disabilities or make any discrimination on the ground of religious profession, belief or status and, of course, the State is bound by this.

As regards the UN Declaration, Ireland supported the adoption by the United Nations General Assembly in 1981 of the Declaration on the elimination of all forms of intolerance and of discrimination based on religion or belief. While a declaration by the General Assembly constitutes a clear statement of the will of the international community it is not a legal instrument and consequently does not generate obligations on the part of states. Having regard to the provisions of the Constitution in the matter of freedom of religion and belief there are no plans to introduce legislation in this area.

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