Seanad Committee publishes range of recommendations to bolster human rights in Ireland

19 June 2014

The Committee has been inquiring into the priorities and challenges facing Ireland in complying with obligations under the International Covenant on Civil and Political Rights (ICCPR), in advance of the Irish Government’s presentation to the UN Human Rights Committee in July. The wide-ranging recommendations are listed below.  

he Report, which follows public hearings with a range of experts and civil society leaders, is being sent to the Government and the UN Human Rights Committee in Geneva. The Committee's Report is set in the context of the initiative taken by the UN High Commissioner for Human Rights to strengthen the Treaty system.  The Committee hopes that the involvement of Irish parliamentarians in reviewing the implementation of treaty obligations will provide a model of good practice for others.
Report Rapporteur Senator Katherine Zappone says: “The ICCPR, which commits signatories to respect the civil and political rights of individuals, is a cornerstone of international law and forms part of the International Bill on Human Rights. With the Irish Government due to present a formal progress report next month, it is timely that our cross-party Committee publishes its recommendations today.

“Just like previous consultations by the Committee, central to this phase of its work was the participation of wider society in its deliberations. This report is informed by the powerful public testimony and self-advocacy of those whose human rights are directly impacted, including transgender people, people with disabilities and Travellers in the Seanad Chamber on 6 May. This exercise in democratic engagement has resulted in a series of informed, robust and practical recommendations in the area of human rights.”

Committee Chairman Senator Denis O’Donovan says: “I would like to thank the wide range of organisations and individuals who took part in this process and many of the points raised in their oral and written submissions have flowed into the recommendations in the report. The public, purposeful and open-minded process served to inform this key progress report for Ireland to the UN. The Seanad Public Consultation Committee also submits these observations and recommendations to Government in a spirit of cooperation and remains available for further engagement.”

Access report.

The Committee was founded in September 2011 to strengthen dialogue between Seanad Éireann and the public on a wide range of subjects in the area of public policy.

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Note for Editors (List of Recommendations)

The Committees recommendations are as follows:

• The Committee urges the swift enactment of the Irish Human Rights and Equality Commission Bill 2014 and encourages the State to ensure that the new Commission will maintain its “A” status under the UN Paris Principles through appropriate resourcing and statutory independence.
• The Committee urges the State to consider the establishment of a national implementation mechanism for oversight of international human rights obligations and to make certain that the mechanism is inclusive of rights holders.  The Committee notes that Seanad Éireann could have a specific role in this regard.
• The Committee urges the State to progress the Assisted Decision Making (Capacity) Bill as quickly as possible, and to ensure that all aspects of the law are compliant with Ireland’s obligations under the ICCPR and the UN Convention on the Rights of Persons with Disabilities.  The Committee further notes that once the Bill becomes law it is critical that people with disabilities and their families are provided with accessible information about the law.
• The Committee requests the UN Human Rights Committee to raise the situation of women in Ireland subjected to symphysiotomy, whose right to an effective remedy has yet to be vindicated, in its forthcoming constructive dialogue with the Irish Government.
• The SPCC urges the government to strengthen the legal and physical protection of migrant women from domestic violence by introducing statutory measures for their protection; and to make separate and safe accommodation available to victims of sex trafficking who are at continuing risk of gender based violence.
• The Committee urges the State to prioritise completion of the facility at Oberstown so as to ensure that detention of all juveniles in the State fully complies with Ireland’s obligations under the ICCPR.
• The Committee strongly recommends the Human Rights Committee to pursue the issue of extraordinary rendition with Government in its upcoming review and to suggest specific measures that should be taken to ensure effective oversight of the use of the State’s territory and airspace in order to ensure compliance with Ireland’s obligations under the ICCPR.
• The Committee urges the Human Rights Committee to emphasise the need for the State to ensure that all persons who claim to be victims of trafficking are granted comparable and effective protection in conformity with the State’s obligations under the ICCPR.
• The Committee strongly recommends the Government to consider alternative ways of accommodating asylum seekers in the State and to bring to an end the current system of direct provision in Ireland.  Pending completion of this goal, the Committee urges the government to establish an independent complaints mechanism to ensure immediate and transparent oversight of the current living conditions of asylum seekers.
• The Committee urges the State to publish the Gender Recognition Bill with immediate effect, and to adopt the cross-party parliamentary recommendations, particularly with regard to setting 16 years as the age at which a person is entitled to apply for a Gender Recognition Certificate.
• The Committee requests the State adopt the recommendations of the cross-party parliamentary report on Traveller Ethnicity. In this respect, the Committee draws particular attention to the recommendations made in the latter report that the Taoiseach or Minister for Justice and Equality should make a statement to Parliament that the State recognises the ethnicity of the Travelling community and that the State should commence a time-limited dialogue with Traveller representative groups about legislation required to ensure that Travellers human rights are adequately protected.
• The SPCC urges the Human Rights Committee to reinforce concerns which it has previously expressed to the State on the issue of patronage and pluralism in education in its upcoming review of Ireland’s progress in implementing the ICCPR.

Members of the Committee
Senator Denis O’Donovan, Chairman
Senator Katherine Zappone, Rapporteur of this report
Senator Paul Bradford
Senator Paul Coghlan
Senator Maurice Cummins
Senator Mark Daly
Senator Lorraine Higgins
Senator Ronan Mullen
Senator Marie Louise O’Donnell
Senator Susan O’Keefe
Senator Mary White