IRELAND PRESENTS SECOND PERIODIC REPORT TO COMMITTEE ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS

CESCR
28th session
1 May 2002
Afternoon



Experts Question Government Delegation
on Asylum-Seekers, Disabled Persons,
Rights of Women, Migrant Workers, Abortion



The Committee on Economic, Social and Cultural Rights this afternoon started its review of a second periodic report from Ireland by hearing a Government delegation say that the country had demonstrated a commitment to the progressive improvement of the economic and social rights of all persons in the society.
Introducing her country's report, Sylda Langford, Assistant Secretary of the Department of Justice, Equality and Law Reform of Ireland, said successive Irish Governments had demonstrated a commitment to the progressive improvement of the economic and social rights of all persons in the Irish society. Adherence to the provisions of the Constitution in that area did not obstruct the overall objective of realizing the State's obligations under the Covenant to the maximum degree allowed by executive priority, she said.
Ms. Langford stressed that equality was an issue that had been given the highest priority by the Irish Government. Ireland now had in place a broad anti-discrimination regime in the area of the provision of goods and services whether by the private or public sector, including provisions of education and accommodation and in the employment area, she added.
Over the course of their consideration of the report, Committee Experts raised questions on the justiciability of the rights enshrined in the International Covenant on Economic, Social and Cultural Rights; why the Covenant was not incorporated into domestic legislation; the difficulties faced by refugees, including family reunions and the issue of unaccompanied children; the conditions of Travellers; the role of women and their right to reproductive health; minimum wage; construction of prisons for women; the practice of corporal punishment; problems of suicide in schools; domestic and emotional violence; and the status of children born out of wedlock, among other things.
The Irish delegation was also made up of Mary Whelan, Permanent Representative of Ireland to the United Nations Office at Geneva; John Rowan, from the Department of Foreign Affairs; Eamonn MacAodha, from the Permanent Mission of Ireland in Geneva; Mark Griffin, from the Department of Environment and Local Government; Anne O'Mahony, Sean O'Fhloinn, and John Fanning, from the Department of Education and Science; Billy Jestin, from the Department of Enterprises, Trade and Employment; Frances Fletcher and Liz Canavan, from the Department of Health and Children; Anne Doyle, David Costello, Stephanie O'Donnell and Willie O'Dwyer, from the Department of Justice, Equality and Law Reform; Gerry Mangan and Sharon Daly, from the Department of Social, Community and Family Affairs; Christine O'Rourke and Margaret Cordial, from the Office of the Attorney General; Joan O'Flynn, from the Combat Poverty Agency; and Imelda Devaney, from the Permanent Mission of Ireland in Geneva.
Ireland is among the 145 States parties to the International Covenant on Economic, Social and Cultural Rights and as such it must provide periodic summaries of its efforts to implement the provisions of the treaty.
The Committee will continue its consideration of the second periodic report of Ireland when it reconvenes at 10 a.m. on Thursday, 2 May.

Report of Ireland
The second periodic report of Ireland (document E/1990/6/Add. 29) enumerates the different legislative, administrative and juridical measures undertaken by the State, including a referendum held on 22 May 1998 on a bill which proposed to amend the Constitution to allow the Government to ratify the "Good Friday" multiparty agreement on Northern Ireland. Under the agreement, the Irish Government committed itself to take steps to further strengthen the protection of human rights in its jurisdiction. It also agreed to establish a human rights commission with a mandate and remit equivalent to that of Northern Ireland; and introduce equal status legislation, among other things.
The report notes that the results of the 1996 census reveal that the population had reached its highest level this century; the total population now stands at 3,626,087, which represented an increase of more than 100,000 in the previous five years; also recorded are high life expectancy, low death rates, and low infant and maternal mortality.
The report recalls that in July 1998, the Minister for Social, Community and Family Affairs announced the establishment of a "disability support service", which will operate under the aegis of the Ministry, and will involve a merger between two boards. There is a government policy to recruit people with disability into the civil service and arrangements for doing so have been in place for many years. Central to the Government's policy in relation to the employment of people with disabilities is a commitment to achieve a quota of 3 per cent.
It also notes that women remain under-represented in public life; in 1998, of the eight judges of the Supreme Court, one was a woman; there were 3 female members of the High Court out of a total of 19; there were 7 women among the 46 District Court judges; two out of the 15 members of the Government were women; four out of the 17 Junior Ministers were women; twenty-three out of the 166 members of Dail Eireann were women; and of the 60 members of the Seanad, 8 were women.

Introduction of Report
SYLDA LANGFORD, Assistant Secretary of the Department of Justice, Equality and Law Reform of Ireland, said successive Irish Governments had demonstrated a commitment to the progressive improvement of the economic and social rights of all persons in the Irish society. Adherence to the provisions of the Constitution in that area did not obstruct the overall objective of realizing the State's obligations under the Covenant to the maximum degree allowed by executive priority. Irish Governments were completely accountable for policy on combatting poverty and social exclusion through parliament. The National Anti-Poverty Strategy was implemented in the context of the social partnership structure.
Throughout the four years since the achievement of the Good Friday Agreement, the Irish and British Governments, together with other parties, had worked closely together to secure its implementation in full, Ms. Langford continued to say. The Governments, in keeping with the wishes of the people as expressed in the referendum of May 1998, had effected constitutional change to make it clear that the people of Northern Ireland would decide their constitutional future. New equality and human rights institutions had been established in both jurisdictions and those were making an important and meaningful contribution to the creation of a dynamic rights environment on the island,
Ms. Langford stressed that equality was an issue that had been given the highest priority by the Irish Government. Ireland now had in place a broad anti-discrimination regime in the area of the provision of goods and services whether by the private or public sector, including provisions of education and accommodation and in the employment area. The Employment Equality Act and the Equal Status Act guaranteed workers protection from discrimination in relation to many of the categories by and some categories beyond the provisions of the Covenant.
Ms. Langford said that the Government's legislative programme for disability equality had combined both an anti-discrimination and positive action focus intended to remove the barriers to participation in Irish society by people with disabilities. A number of important developments had been made in that field over the last 4 years, among which was the establishment of the National Disability Authority in June 2000 to develop and monitor the implementation of standards in services for people with disabilities.
Turning to the issue of asylum, Ms. Langford announced that the Refugee Act was now fully operational since 20 November 2000. The independent offices of the Refugee Applications Commissioner and the Refugee Appeals Tribunal had been established. An independent Refugee Legal Service had also been set up to provide legal counselling to asylum-seekers at all stages of the asylum process. Ireland was fully committed to meeting its obligations under the 1951 Geneva Convention and to ensuring that asylum applications were processed speedily within the target time of six months.

Consideration of Report
Committee Experts raised a number of questions with regard to the content of the report. Questions were asked on the justiciability of the rights enshrined in the International Covenant; why the Covenant was not incorporated into domestic legislation; the dualist legal concept in the ratification of international treaties; about the non- or partial-recognition of diplomas obtained abroad; the difficulties faced by refugees, including family reunions and the issue of unaccompanied children; the conditions of Travellers; the role of women and their right to reproductive health; and the status of migrant workers.
An Expert recalled that in its concluding observations on the initial report of Ireland, the Committee had expressed concern on the situation of mentally handicapped persons, the situation of women single-parents; the living conditions of Travellers; and the situation of refugees, among other things. There were more than 300,000 disabled persons who were not receiving government assistance; there was poor hospital treatment; the majority of city buses were inaccessible to persons with disabilities; and there was no law strengthening the rights of the disabled persons. With regard to women, they had to travel to the United Kingdom to have abortions; and the perpetual and stereotype role of women in the house was detrimental to their rights.
Another Expert said he was surprised to see that there were no developments to the situation of the Roma or Gypsy community, which the Committee had expressed concern about in the past. It seemed that nothing had been done to ameliorate the conditions of the Travellers, as they were called in the country.

Response of Delegation
In response to the questions raised by Committee Experts, the Irish delegation said that there were legal and constitutional imperatives concerning the ratification of international treaties. The strict separation of state powers played an important role in the interpretation and implementation of the provisions of a treaty. Parliament was responsible for the ratification of any international instruments while the judicial power interpreted them.
Ireland was committed to the 1951 Geneva Convention on the Status of Refugees, the delegation said. However, its policy towards asylum-seekers attempted to prevent trafficking in persons and illegal immigration. The fact that asylum-seekers were not allowed to work until their requests for asylum were processed and resulted in granting them permits to stay was a Government policy.
The body on equality was taking care of the situation of Travellers, the delegation said. A number of measures had been taken to improve their conditions. Since 1996, a number of accommodations had been provided to Travellers' families. A large amount of money was also invested in housing facilities. Practical plans were also implemented towards health conditions of the Travellers. All children of Travellers were attending school; about 5,000 of them were attending primary education while 1,500 frequent secondary education. With regard to discrimination and xenophobia, the Government had undertaken measures to avert such phenomena.
On equality of women, the delegation said that women held 53 per cent of the labour force; the Government had spent quite a big sum on child care programmes involving mothers; and salaries were provided to mothers who chose to remain in the house and raise their children. The policy encouraging mothers to remain in the house to raise their children had further been strengthened.
Asked about the right to abortion, the delegation said the prohibition was Constitutional, and any change would demand a Constitutional amendment. Constitutional amendment were decided by a popular plebiscite, such as a referendum.
The Human Rights Commission was not yet staffed since it was established following the Good Friday Agreement, the delegation said. It was expected that the names of the 14 members of the Commission would soon be made public when some of the problems relating to their appointment were resolved.
Responding to a question on the Irish overseas development assistance, the delegation said that the Government had decided to move progressively towards the United Nations target of 0.7 per cent of Gross National Production (GNP). The intention was that the target would be met by 2007 and that an interim target of 0.45 per cent would be achieved by the end of 2002.
The Committee Experts continued to query the members of the delegation on minimum wage; collective bargaining; financing of pensions; construction of prisons for women; the practice of corporal punishment; problems of suicide in schools; domestic and emotional violence; the status of children born out of wedlock; and the right for dismissal and compensation.
In response to the questions raised by Committee Experts, the Irish officials said that the target of processing asylum requests within six months was being met and that at present 3,000 requests for asylum were being processed. The Government had allocated 200 million Euro in 2001 for expenses relating to refugees. It had also welcomed a number of asylum-seekers on its soil; however, the Government had taken measures so that asylum should not be a pretext for some individuals to enter the country.
The Government was endeavouring to reduce the period of unemployment and for that purpose retraining courses were provided so that the individuals could rapidly find employment, the delegation said. During the period individuals remained unemployed they received income support benefits.
A fine prison had been built for women recently, the delegation said, adding that the standard of the prison was so attractive that some female prisoners had demonstrated a desire to return to prison after their release.



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