Written Answers. - Discrimination Against Women.
Desmond J. O'Malley
Ceist:
37
Mr. O'Malley
asked the
Minister for Equality and Law Reform
if the Irish Government intends to sign the Convention on the Elimination of Discrimination against Women; the reservations, if any, that still remain; and if he will make a statement on the matter.
[18235/95]
Formal documents of accession to the United Nations Convention on the Elimination of All Forms of Discrimination Against Women were lodged with the UN on behalf of Ireland on 23 December 1985. Ireland became State Party to the Convention on 22 January 1986, i.e. 30 days after the date of the deposit of the instrument of accession. I propose to circulate the text of the remaining Irish reservations to the Convention with the official report.
Reservations are kept under review. Under Article 28.2 of the Convention a reservation incompatible with the object and purpose of the Convention shall not be permitted. None of Ireland's reservations falls into this category.
Remaining Reservations to the Convention on the Elimination of Discrimination Against Women
Article 13 (b) and (c)
The question of supplementing the guarantee of equality contained in the Irish Constitution with special legislation governing access to financial credit and other services and recreational activities, where these are provided by private persons, organisation or enterprises is under consideration. For the time being Ireland reserves the right to regard its existing law and measures in this area as appropriate for the attainment in Ireland of the objectives of the Convention.
Article 15 (3)
Ireland reserves the right not to supplement the existing provisions in Irish law which accord women a legal capacity identical to that of men with further legislation governing the validity of any contract or other private instrument freely entered into by a woman.
Article 16.1 (d) and (f)
Ireland is of the view that the attainment in Ireland of the objectives of the Convention does not necessitate the extension to men of rights identical to those accorded by law to women in respect of the guardianship, adoption and custody of children born out of wedlock and reserves the right to implement the Convention subject to that understanding.
Article 11 (1) and 13 (a)
Ireland reserves the right to regard the Anti-Discrimination (Pay) Act, 1974 and the Employment Equality Act, 1977 and other measures taken in implementation of the European Economic Community standards concerning employment opportunities and pay as sufficient implementation of Articles 11.1 (b), (c) and (d).
Ireland reserves the right for the time being to maintain provisions of Irish legislation in the area of social security which are more favourable to women than men, and does not believe that this is in contravention of the Convention. Irish legislation in the area of equality complies with the highest standards of European Union law.
