Dáil Éireann Debate, Thursday - 14 October 2004
164 Mr. Stanton asked the Minister for Justice, Equality and Law Reform the position, with reference to Ireland, regarding the United Nations Convention on the Elimination of all forms of Discrimination Against Women; the reservations entered into by Ireland on any article of this convention; and if he will make a statement on the matter. [24887/04]
Amharc ar fhreagraIreland acceded to the United Nations Convention on the Elimination of all forms of Discrimination Against Women, CEDAW, in 1985 with a number of reservations, many of which have been removed over the intervening years, including one earlier this year. Ireland currently retains three reservations on the convention relating to: employment, Article 11(i); certain provisions of the social welfare code, Article 13 (a); and guardianship rights of fathers of children born outside of marriage, Article 16.1 (d) and (f).
With regard to Article 11(i), the Department is currently considering whether the recent enactment of the Employment Equality Act 2004, which amends some of the provisions of the Employment Equality Act 1998, could allow for the lifting of this reservation. The point at issue here relates to exclusions in the 1998 Act in respect of the Garda Síochána and the Prison Service and in regard to privacy concerns and decency considerations, including in the care of the elderly or people with disabilities in their own home.
The reservation to Article 13 (a) is required due to provisions of Irish legislation in areas of social security which are more favourable to women than men, such as the payment of child benefit to the mother and transitional payments to some women relating to the pre-1997 one parent family payment which have yet to run their course.
Finally, with regard to the reservation in respect of Article 16.1 (d) and (f), the position is that in Ireland mothers of children born outside of marriage are automatically the guardians of their children, whereas non-marital fathers must acquire the status of guardian under procedures outlined in the Guardianship of Infants Act 1964, as amended by Acts of 1987 and 1997. The Attorney General has advised that this practice prevents the withdrawal of this reservation.
