COMMITTEE ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS HEARS STATEMENTS BY NGOs CHARGING VIOLATIONS IN ICELAND AND IRELAND

AFTERNOON
HR/ESC/99/3
26 April 1999



The Committee on Economic, Social and Cultural Rights this afternoon heard allegations from non-governmental organizations (NGOs) that economic, social and cultural rights were being violated in Iceland and Ireland – countries whose reports will be considered by the Committee during its current three-week session.

Those reports and reports from Denmark and Tunisia are to be taken up by the Committee's 18 experts. The countries are among 139 State parties to the International Covenant on Economic, Social and Cultural Rights, and under the terms of the treaty must submit periodic accountings of their efforts to implement the international human-rights instrument. The Commission will also consider the situation in Solomon Islands based on available information. That country has never presented a report to the Committee.

A representative of the Icelandic Human Rights Centre told the Committee that during discussion on amending the Icelandic Constitution in 1995, the dominant opinion was that economic, social and cultural rights were of less importance than civil and political rights. In the amended Constitution, the essence of economic, social and cultural rights was absent.

Concerning Ireland, a representative of the Irish Council of People with Disabilities said that so far, policy changes had been partial, cosmetic or ineffective; and progress towards achieving the rights of people with disabilities under the Covenant had been unacceptably slow. In addition, successive Irish Governments had failed to reconcile conflicts between the Covenant, the Irish Constitution, and legislation and State practices, the representative charged.

A representative of Inclusion International also addressed the meeting.

When the Committee reconvenes at 10 a.m. on Tuesday, 27 April, it will take up a report from Iceland.

Statements by Non-governmental Organizations

BJARNEY FRIORIKSDOTTIR, Director of the Icelandic Human Rights Centre, said Iceland had a dualist legal system which did not give international agreements automatic legal force. The general rule in Icelandic law was that national law should be interpreted in accordance with the rules of international law as far as possible, but in cases where the two sources of law conflicted, international law yielded to the provisions of enacted Icelandic legislation.

Ms. Frioriksdottir said that during discussion on amending the Constitution in 1995, the view that economic, social and cultural rights were of less importance than civil and political rights was dominant. In the amended Constitution, the essence of economic, social and cultural rights was absent. The dismissal of suggestions from non-governmental organizations (NGOs) that economic, social and cultural rights should be given the same status in the amended Constitution as civil and political rights showed the reluctance of authorities to recognize those rights as fundamental human rights.

MICHAEL GOGARTY, of the Irish Council of People with Disabilities, said that "A Strategy for Equality 1996" was recognized as being the landmark document on disability rights in Ireland but it had not been implemented despite Government promises or goodwill. So far, policy changes had been partial, cosmetic or ineffective; and progress towards achieving the rights of people with disabilities under the Covenant was unacceptably slow. In addition, successive Irish Governments had failed to reconcile conflicts between the Covenant, the Irish Constitution, legislation and State practices.

Mr. Gogarty said the growth rate of the Irish economy was one of the highest in Europe, and the Government had large surpluses in its budgets. Nevertheless, only 3 per cent of the budget was spent on programmes for people with disabilities. The vast majority of people with disabilities were not included within labour-force or unemployment statistics. Children and young people with disabilities had fewer educational opportunities and were often unable to enjoy rights guaranteed under the Covenant. In addition, unemployment of people with disabilities was estimated at between 70 and 80 per cent.

NANCY BREITENBACH, of Inclusion International, said she was speaking in support of the Irish Council of People with Disabilities. She said that actually there were 60 million people with intellectual disabilities in the world in addition to the other categories of physical disabilities as presented by the Irish NGO. Her organization was fighting against the cultural prejudice that intellectually disabled persons were born as such. She said the number of intellectually disabled persons had been reported as much lower in developing countries because of the mentality of the societies in those countries and because of cultural bias.