19/9 Report of the Working Group on the Universal Periodic Review - Ireland
Document Type: Final Report
Date: 2011 Dec
Session: 19th Regular Session (2012 Feb)
Agenda Item: Item6: Universal Periodic Review
GE.
Human Rights Council Nineteenth session
Agenda item 6 Universal Periodic Review
Report of the Working Group on the Universal Periodic Review*
Ireland
* The annex to the present report is circulated as received.
Contents Paragraphs Page
Introduction ............................................................................................................. 1–
I. Summary of the proceedings of the review process ................................................ 5–
A. Presentation by the State under review ........................................................... 5–
B. Interactive dialogue and responses by the State under review ........................ 53–
II. Conclusions and/or recommendations ..................................................................... 106–
Annex
Composition of the delegation ......................................................................................................... 23
Introduction
1. The Working Group on the Universal Periodic Review (UPR), established in accordance with Human Rights Council resolution 5/1 of 18 June 2007, held its twelfth session from 3 to 14 October 2011. The review of Ireland was held at the 7th meeting on 6 October 2011. The delegation of Ireland was headed by Alan Shatter, Minister for Justice and Equality. At its 11th meeting held on 10 October 2011, the Working Group adopted the report on Ireland.
2. On 20 June 2011, the Human Rights Council selected the following group of rapporteurs (troika) to facilitate the review of Ireland: Bangladesh, Italy and the Republic of Moldova.
3. In accordance with paragraph 15 of the annex to resolution 5/1, the following documents were issued for the review of Ireland:
(a) A national report submitted/written presentation made in accordance with
paragraph 15 (a) (A/HRC/WG.
(b) A compilation prepared by the Office of the United Nations High
Commissioner for Human Rights (OHCHR) in accordance with paragraph 15 (b)
(A/HRC/WG.
(c) A summary prepared by OHCHR in accordance with paragraph 15 (c)
(A/HRC/WG.
4. A list of questions prepared in advance by the Czech Republic, Denmark, Finland, the Netherlands, Norway, Slovenia, Sweden, and the United Kingdom of Great Britain and Northern Ireland was transmitted to Ireland through the troika. These questions are available on the extranet of the UPR.
I. Summary of the proceedings of the review process
A. Presentation by the State under review
5. Ireland indicated its fullest commitment to the UPR process and intention to pay fullest attention to the recommendations of the Human Rights Council. The valuable contribution of the Human Rights Commission to the compilation of the stakeholders’
submission was recognized, as was the role of consultation with civil society, including the Trade Union movement in Ireland, in preparation of the National Report.
6. A public forum for civil society organized by the Department of Foreign Affairs was held in December 2010. The Department of Justice followed up with a series of seven public meetings throughout Ireland. The Government welcomed the consultations held by various civil society actors and non-governmental organizations (NGOs) and the consultations held by the Irish Human Rights Commission. All of these initiatives have led to a very high level of public awareness of the UPR mechanism in Ireland.
7. The State party has set out the following commitments as part of the UPR process: a Criminal Justice (Withholding Information on Crimes against Children and Vulnerable Adults) Bill and a National Vetting Bureau Bill were presently being prepared and would be presented to Parliament as soon as possible and revised Children First guidelines would be placed on a statutory basis. Ireland will shortly be in a position to ratify the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography. Mental capacity legislation for ratification of the
Convention on the Rights of Persons with Disabilities was progressing. Ireland hoped to sign the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights before the end of 2011. The reservation of Ireland to Article 19.2 of the International Covenant on Civil and Political Rights, concerning the licensing of broadcasting enterprises, will be withdrawn. The Government was committed to developing a system of universal health care. The Government was committed to reducing the time taken to process applications for citizenship to an average of six months. In regard to immigration and asylum matters generally, steps were being taken to reduce unacceptable delays in parts of the system. Legislation was before Parliament which would simplify procedures so that decisions on asylum, protection and immigration could be taken speedily and in a transparent manner.
8. Legislation was being prepared to enable ratification of the Optional Protocol to the Convention against Torture. Legislation was before Parliament to outlaw the practice of female genital mutilation. Ireland was also committed to ratification of the Aarhus Convention. Ireland was committed to reviewing family law and the law on domestic violence.
9. Ireland emphasized that its commitment to human rights was based on the principle that governments must always act with the intention of respecting the rights of the individual and human dignity.
10. It reiterated that it was never acceptable for any government to treat national or religious or ethnic minorities as inferior; or to discriminate against women generally or gay men or gay women; or to discriminate against children and to fail to recognize their vulnerability; or to exclude disabled persons from inclusion; or to repress freedom of expression because it feared or disagreed with the speaker’s opinion, except where such opinion constitutes incitement to hatred.
11. On the question of human rights, there was no room for moral relativism or selectivity – respect for dignity and human rights that secured that bedrock value was the incontestable baseline of decent politics everywhere. It was also crucial that States which ask human rights questions of others stand on a sound and honest foundation of protecting the human rights of their own citizens. This was crucial to ensure that credibility attaches to questions put to others and so that they are not simply perceived as opportunistic political positioning on the chessboard of international politics.
12. The Government’s concern about the welfare of the most vulnerable in society, children, had led to a commitment to reorganize the business of Government so as to create a separate government department with sole responsibility for children and young people.
13. The national minimum wage, which had been reduced, has been restored.
14. Ireland’s population was growing and becoming more diverse – about 15 per cent of those living in Ireland were non-citizens, most of whom had come to Ireland in the last decade. Strategies were in place in health, education and other sectors to promote integration and combat racism.
15. While there was no room for complacency, Ireland had not experienced the anti- immigrant campaigns which had occurred in other countries or the rise in so called hate crime, targeting minorities.
16. The Government was developing proposals for a Constitutional Convention which would review the current Constitution, adopted in 1937.
17. The present Constitution contained explicit guarantees in respect of certain fundamental rights and other fundamental rights had been identified by the Courts as being provided for in the Constitution.
18. A referendum dealing with the rights of children will be held early in the New Year.
19. Subsequent to the submission of the national report, the Government published a Commission of Investigation report into the Catholic Diocese of Cloyne.
20. The Government decided, following consideration of the Commission report, to take the measures set out below.
21. A Criminal Justice (Withholding Information on Crimes Against Children and Vulnerable Adults) Bill and a National Vetting Bureau Bill, to provide a statutory basis for vetting of applicants for employment and employees working with children, were being drafted and would be presented in final form to Parliament as soon as possible.
22. It was intended to place a statutory obligation on every organization working with children to protect and safeguard those children when in their care – including statutory, private, community and voluntary organizations.
23. Legislation to enable ratification of the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography is at an advanced stage of preparation.
24. A Department of Children and Youth Affairs had been established. Work on creating a stand-alone agency to deal with child protection issues has started.
25. The Minister for Children and Youth Affairs will oversee an implementation framework for each government department and sector working with children. The framework will have a strong emphasis on inspection and the need to provide demonstrable evidence that the guidelines are being properly implemented across all sectors.
26. In the case of the health sector, the remit of the Health Information and Quality Authority was being extended to include oversight of the Health Service Executive's Child Protection Services.
27. Ireland had a dualist system under which international agreements to which Ireland becomes a party do not become a part of domestic law unless so determined by Parliament through legislation.
28. While treaty committees have recommended that the Conventions which they variously monitor should be incorporated into domestic Irish law, it was not intended to alter current practice.
29. Work on the preparation of the necessary Mental Capacity Bill to allow ratification of the Convention on the Rights of Persons with Disabilities was proceeding. A revised strategy for housing for people with disabilities had been launched.
30. The Minister for Disabilities had reviewed arrangements for monitoring implementation of the national disability strategy.
31. The Government attached great importance to having accessible, affordable arrangements in place in order that those whose rights have been infringed can vindicate their rights, especially the most vulnerable in society.
32. Publication of a Legal Services Bill which will provide greater transparency to the calculation of legal costs, provide alternative structures for the delivery of legal services and protect consumer rights had been announced. Enactment of the Bill should effect a reduction in legal costs, of benefit to those most in need of affordable legal services.
33. Rationalization of the number of State bodies in the area of employment protection will ensure that one agency will deal with all complaints, and thereby that people can access processes to vindicate their rights.
34. The Irish Human Rights Commission and the Equality Authority will be merged to form a new strengthened and enhanced Human Rights and Equality Commission.
35. The new body will fully comply with the Paris Principles and the State party is confident that the International Coordinating Committee will be able to grant “A” status to this new body.
36. Funding will be provided to enable the new Human Rights and Equality Commission to function effectively and independently in accordance with the Paris Principles.
37. Currently, unemployment stood at a little over 14 per cent. This was a great challenge. The Government had introduced some measures designed to allow people to improve their skills or to find employment and had encouraged unemployed people to return to education.
38. In addition, the State Work Training Agency had been reorganized and refocused to improve and make the training provided more relevant.
39. On matters related to prisons, the Criminal Justice (Community Service) (Amendment) Act 2011 introduced a requirement on judges when considering the imposition of a sentence of twelve months’ imprisonment or less, to first consider the alternative sanction of community service.
40. Particular concern was expressed by the Committee against Torture on a proposed large-scale prison building project. The State party had appointed an expert group, which had reported that smaller units of accommodation would be sufficient for needs and would meet the objective of ensuring that the prisoners had hygienic, in-cell sanitation facilities.
41. The Irish Government remains committed to protecting the position of the most vulnerable in society. A core principle of the social protection system is that both nationals and non-nationals can access it equally. The habitual residence condition was however, applied to both Irish and non-Irish applicants.
42, The State party reported that, in the last month, some form of supplementary welfare payments had been made to 115,000 non-Irish nationals. In addition, child benefit payments had been made to the non-Irish parents of over 215,000 children. About 20 per cent of those aged 18 or under living in Ireland are the children of non-Irish parents.
43. The Government was committed to developing a system of universal health care where treatment would be provided on the basis of assessed medical need rather than ability to pay. This was a radical change and would take time to put in place. The driving force behind these changes was the improvement of services for patients.
44. A study published last year revealed lower life expectancy and other areas of concern, such as a higher suicide rate than in the rest of the population, amongst Travellers.
45. To tackle these concerns, national and regional fora had been established, with Traveller participation, to advise on how services could best be delivered and also advise on implementation of the national intercultural health strategy as it affected Travellers.
46. Despite the national constraints, Ireland was determined to maintain efforts to help
the poorest people and communities in Africa and elsewhere. This year, Ireland had
provided €
48. Support was being provided to the Office of the High Commissioner for Human Rights, to a wide range of non-governmental organizations (NGOs) working on human rights issues, and to national human rights institutions in a number of developing countries.
49. Ireland believed that without a strong culture of human rights and good governance, long-term sustainable development was not possible.
50. Ireland was committed to expeditious implementation of the European Court of Human Rights judgement in the A, B and C v Ireland case and an expert group would be appointed in November, drawing on appropriate medical and legal expertise, with a view to making recommendations to Government on how this matter should be best addressed.
51. The Committee of Ministers of the Council of Europe had noted the action plan submitted by the Government and would discuss the matter in March 2012.
52. On citizenship matters, the Minister of Justice and Equality had introduced the new modification in the process to reduce the length of time and the new formal arrangements.
B. Interactive dialogue and responses by the State under review
53. During the interactive dialogue, 49 delegations made statements. Recommendations made during the dialogue are to be found in section II of the present report.
54. Sri Lanka took particular note of the legislative action taken by Ireland to safeguard employment rights, and health and safety standards in the workplace, and to prohibit discrimination based on gender, race, disability and religious belief. It commended Ireland for the provision of free pre-school, primary and post-primary education for the majority of students. It requested it to undertake adequate safeguards to ensure that responses to financial and economic crises do not lead to a situation which will give rise to racism, xenophobia and related intolerance against foreigners, immigrants and persons belonging to minorities. Sri Lanka made recommendations.
55. Cambodia welcomed the step taken by the Government of Ireland to approve the preparation of legislation to ratify the Optional Protocol to the Convention against Torture and appreciated Ireland’s commitment by extending a standing invitation to all United Nations human rights special procedures. Cambodia was encouraged by the commitment of Ireland to implement policies, programmes and legislation that aim at promoting and protecting its citizens’ rights, including its commitment to review the law on domestic violence. Cambodia made recommendations.
56. Algeria commended Ireland for ratifying most of the international human rights instruments and on its efforts in combating domestic violence by developing a framework to prevent and respond to domestic, sexual and gender-based violence. Algeria expressed concern at the overlapping of several human rights bodies dealing with complaints, monitoring and inspection such as those referred to in Section III (B) of the national report and inquired about the coordination between these various bodies. Algeria made recommendations.
57. France recalled that Ireland had not yet ratified the Convention on the Rights of Persons with Disabilities and inquired about the obstacles to this ratification. France noted that women continue to be underrepresented in public and political life, and inquired about the legislative measures Ireland intended to take in this regard. France also inquired about Ireland’s intention to implement the European Court of Human Rights decision A, B and C vs. Ireland relating to abortion. France made recommendations.
Children, including through the creation of a National Action Plan. Ireland has made progress in protecting the rights of persons with disabilities through, inter alia, passage of the Disability Act 2005, the Education for Persons with Special Needs Act 2004, and the Health Act 2007. Canada made a recommendation.
59. The Republic of Moldova commended Ireland for, inter alia, upholding a standing invitation for human rights special procedures, establishing mechanisms for the protection of human rights such as the Human Rights Commission, which was accredited with “A” status. It welcomed progress in fostering the advancement of women in all areas and acknowledged Ireland’s efforts to combat domestic violence against women. The Republic of Moldova made recommendations.
60. Greece noted that the new Government intended to convene a Constitutional Convention to consider the need for comprehensive constitutional reform with an emphasis on human rights and asked how the Government envisaged the participation of different stakeholders in this process and whether it would put forward its proposals. Greece inquired about the changes that the constitutional referendum would bring to the rights of the child. Finally it requested further information on the development of human rights after decades of violence and the Good Friday Agreement. Greece made a recommendation.
61. The Czech Republic appreciated the draft legislation before the Irish parliament on simplification of procedures for asylum and immigration, but remained concerned at Irish immigration policy. The Czech Republic noted that Travellers continue to suffer discrimination. The Czech Republic made recommendations.
62. Turkey noted reports that the education system in Ireland was still mainly dominated by the Catholic Church. It referred to reports on the abuse of children while in institutional care, including acts that amounted to torture and degrading treatment. Turkey asked for an evaluation by Ireland on these situations, and comments on those reports. Turkey made recommendations.
63. Iraq noted that Ireland had extended a standing invitation to Human Rights Council special procedures and that it was paying particular attention to the rights of elderly people. Iraq made recommendations.
68. Australia noted the announcement by Ireland of the formation of a new institution, the Human Rights and Equality Commission, by merging the two existing entities. Australia noted that Ireland considered it a priority to hold a referendum on children’s rights with a view to incorporating those rights in the Constitution. Australia commended the Government’s commitment to promptly ratify the Convention on the Rights of Persons with Disabilities. Australia noted problems in relation to prison accommodation and encouraged Ireland to bring conditions for detainees in line with international standards. Australia made recommendations.
69. Portugal commended Ireland for the broad consultative process in drafting the national report, including the creation of a dedicated user-friendly website, and considered that this practice should be followed. Portugal requested further information on the implementation of article 12 of the Convention on the Rights of the Child. Portugal welcomed Ireland’s proposal to increase women’s participation in public life and inquired
as to how Ireland was considering addressing the existing gender pay gap. Portugal made recommendations.
70. Ireland will hold a referendum on the rights of the child in 2012. Preparatory work is already under way. A new government department has been established to address issues relating to children. The Government is also preparing legislation to facilitate the establishment of a Child Protection Agency. The delegation noted that independence of the new Human Rights and Equality Commission will be enhanced by the strengthening of arrangements for it to report to the Oireachtas. It will have an important role to play in the advancement of human rights across the island of Ireland, and will continue to work with the Northern Ireland Human Rights Commission in that regard. In relation to the issue of racism, the delegation recalled that Ireland has a strong statutory framework, which prohibits discrimination on the grounds of race. The Constitution also contains a provision guaranteeing freedom of religion. Regarding the issue of abortion, the delegation explained that Article 40.3.3 of the Constitution guarantees the right to life of the unborn child with due regard to the equal right to life of the mother. The judgement of the European Court of Human Rights confirmed that Article 40.3.3 of the Constitution is in conformity with the European Convention on Human Rights. The Court accepted that Article 40.3.3 of the Irish Constitution, as interpreted by the Supreme Court in another case, the “X Case”, provides
that it is lawful to terminate a pregnancy in Ireland if it is established as a matter of probability that there is a real and substantial risk to the life, as distinct from the health, of the mother which can only be avoided by a termination of the pregnancy. This has not been altered by the judgement of the European Court on Human Rights. The delegation noted that the judgement of the European Court on Human Rights highlights the lack of effective and accessible rules in relation to the application of Article 30.3.3. In response to this judgement the Government will establish an expert group with a view to making recommendations to the Government on how this matter should be properly addressed. It is intended that the Expert Group will be established in November 2011. Regarding prisons, the delegation noted that all new prison spaces will have in-cell sanitation. The Government has recently implemented alternatives to custodial measures and further measures are being pursued. The delegation recalled that legislation prohibits discrimination against Travellers. In relation to recognition of Travellers as an ethnic group, the delegation indicated that serious consideration is being given to the question.
71. The United States of America commended Ireland for establishing a Commission of Investigation to examine the clerical sexual abuse of minors and assigning child protection matters to a stand-alone government agency. It encouraged Ireland to carry out a transparent and thorough investigation, commended its efforts to combat gender inequality in the workplace and welcomed the committed review of its laws against domestic violence. The United States of America made a recommendation.
72. Slovenia commended Ireland for the all-inclusive process prior to reporting to the Working Group. Slovenia welcomed the Government’s decision to establish an expert group, drawing on appropriate medical and legal expertise to address the European Court of Human Rights judgement on the right to a termination of pregnancy in certain cases. Slovenia made recommendations.
73. Timor-Leste welcomed the pledges made by Ireland to improve prison conditions and looked forward to their realization. Timor-Leste noted that Ireland, through the enactment of the Criminal Justice Act in 2006, had lowered the age of criminal responsibility from 12 to 10 years for serious crimes, and requested clarifications on the rationale behind these changes. Timor-Leste made recommendations.
74. Uruguay noted the efforts made by Ireland to protect the rights of separated and unaccompanied minors seeking asylum, but deplored the fact that laws do not offer protection according to the guidelines developed by UNHCR. Uruguay noted that prohibition of corporal punishment is being reviewed, but is still not punishable by law. Uruguay made recommendations.
75. Chile welcomed the important list of rights recognized in the Constitution as well as the development of the institutional framework of protection, which includes, inter alia, the Irish Commission of Human Rights, a variety of ombudsmen in the field of children’s rights, access to information, freedom of the Press, health and financial services. Chile made recommendations.
76. Argentina paid tribute to Ireland for establishing a Ministry for Integration, tasked with the responsibility for shaping public policies in this field. Argentina made recommendations.
77. Switzerland noted that Irish legislation prohibits discrimination against employees; nevertheless certain medical, religious and educational institutions are entitled to turn down application forms from homosexual and unmarried people. Switzerland expressed concern at the situation in Irish prisons, particularly overcrowding and detention conditions. Switzerland pointed out that the mandate of the recently established Prison Inspector was insufficient. Switzerland expressed concerns at the ongoing level of violence against women. Switzerland made recommendations.
78. Hungary commended Ireland for its financial contribution to OHCHR. Hungary expressed concerns at prison conditions, including overcrowding, inadequate sanitation and health care. Hungary congratulated Ireland on the unprecedented improvement concerning participation in higher education in recent decades. Hungary made recommendations.
79. The United Kingdom of Great Britain and Northern Ireland was encouraged by the commitment of Ireland to child protection and the steps taken following investigation of the handling of abuse by Church and State authorities, and the assessment of challenges about prison conditions. The United Kingdom of Great Britain and Northern Ireland made recommendations.
80. Costa Rica commended Ireland on the functioning of the national human rights institution in accordance with the Paris Principles and on the progress made in the internal process to achieve accession to the Option Protocol to the Convention against Torture. Costa Rica commended Ireland for extending a standing invitation to the United Nations human rights special procedures and for efforts made to address domestic violence and trafficking in persons. Costa Rica made recommendations.
81. Latvia noted the efforts made so far by the Government with regard to combating trafficking in human beings, but expressed concern about reports of sham marriages and requested to know when Ireland would pass legislation to address the issue. Latvia made recommendations.
82. Austria commended Ireland for its efforts in combating domestic, sexual and gender-based violence, including the adoption of a National Women’s Strategy and enquired whether Ireland was considering an independent assessment of the Strategy as recommended by the Committee on the Elimination of Discrimination against Women. Austria requested an update on the work of the expert group established to examine the possibility of constructing a new prison. Austria commended Ireland for its commitment to ratify the Convention on the Rights of Persons with Disabilities and requested further information on the intention of Ireland to ratify the Optional Protocol to the Convention. Austria made recommendations.
83. Denmark was encouraged by the commitment of the Government of Ireland to improve prison conditions in the country, including new and re-commissioned prison cell accommodation with in-cell sanitation. It welcomed Ireland’s intention to convene a constitutional convention to consider the need for comprehensive constitutional reform, including consideration of the need for strengthening children and women’s rights.
Denmark asked what the Government would do to ensure that the merger of the Human Rights Commission and the Equality Authority would enhance and strengthen Irish human rights and equality structures. Denmark made recommendations.
84. Sweden welcomed the recent establishment of a separate government ministry specifically dedicated to children and youth affairs and hoped that this would expedite the closure of reported gaps in the protection and promotion of children’s rights. Sweden made
recommendations.
85. Ireland explained that the work of the Constitutional convention was expected to include a review of the provisions in relation to the role of women and the family. New legislation enacted in 2011 contains further protections for women who experience domestic violence. The Government intends to introduce a consolidated Domestic Violence Bill in 2012. In relation to comments about inter-prisoner violence the delegation rejected the assertion that the issue was particularly bad in Irish prisons. The delegation noted that Ireland has a comprehensive social protection infrastructure. The National Action Plan for Social Inclusion 2007-2016 demonstrates the Government’s commitment to combating poverty and building an inclusive society. The Government is aware of the difficulties which have arisen with regards to what have been termed “sham marriages”. An Garda
Síochána is liaising with the law enforcement authorities in other jurisdictions, within and outside the EU, for the purpose of combating criminality associated with marriages of convenience. The provisions of the Immigration and Residence Protection Bill are being actively examined to identify any further amendments which can be made to tackle the problems associated with such marriages. The Delegation stated that a co-ordinated approach by European Union member States is required in order to deal with the issue.
86. Spain recognized the full respect for human rights in Ireland, as reflected in the country’s accession to most international human rights conventions; the open and standing
invitation extended to the United Nations special procedures, as well as the existence of the Irish National Human Commission, which has “A” status, the protection of minors and human rights training of armed forces. Spain noted however that there were still areas that needed improvement. Spain made recommendations.
87. Peru congratulated Ireland on the broad consultations in the drafting of its national report, specifically the initiative to create an internet portal where inputs can be submitted. Peru recognized significant progress made by Ireland through the establishment of national bodies, inter alia, the Irish Human Rights Commission, the National Authority for Disabilities. Peru also commended Ireland for its attempts to promote human rights training at various levels in the nation. Peru made recommendations.
88. Mexico acknowledged the significant action carried out by Ireland in the field of promotion and protection of human rights, such as the ratification of most of the international human rights treaties. Mexico expressed the hope that the provisions contained in the instruments to which Ireland is party would be fully implemented and that the Convention on the Rights of Persons with Disabilities would be ratified as soon as possible. Mexico made recommendations.
89. The Islamic Republic of Iran expressed concern over a number of human rights issues raised in relevant United Nations reports and inquired about the measures taken on the following issues: racism, xenophobia, discrimination against Muslims and persons belonging to minorities, high rates of domestic violence against women, unsatisfactory prison conditions, lengthy detention periods for asylum-seekers, inaccessibility of the Irish health-care system to migrants, refugees and asylum-seekers. Iran made recommendations.
90. Romania appreciated the fact that the national report identified the challenges in the human rights system and took note of the Government’s action to ensure proper exercise of the rights for its citizens. Romania hoped that Ireland would present a mid-term report on the implementation of the recommendations accepted in this UPR session. Romania encouraged the ratification of the International Convention for the Protection of All Persons from Enforced Disappearance and the Convention on the Rights of Persons with Disabilities. Romania made a recommendation.
91. Uzbekistan recalled the concerns of the Committee on the Elimination of Racial Discrimination regarding increased discrimination, particularly vis-à-vis persons of African origin and the lack of legislation preventing racial profiling by the police and other law enforcement bodies. Uzbekistan further noted that the persistence of unsatisfactory conditions in Irish prisons was of great concern, especially overcrowding, problematic sanitary conditions and violence amongst inmates. Uzbekistan made recommendations.
92. Netherlands acknowledged that the Government of Ireland had given consideration to the position of disadvantaged groups when taking austerity measures. Netherlands also noted that the Government had undertaken to establish an expert group by November 2011 to make recommendations on how to implement the 1992 Supreme Court judgement in the X case and later judgements of the European Court regarding abortion in limited circumstances. Netherlands made recommendations.
93. Slovakia commended Ireland for its open and constructive participation in the universal periodic review and noted the broad consultation process for the preparation of the national report. Special credit should be accorded to Ireland’s recent efforts in
advancing children’s rights, such as the establishment of the Department of Children and Youth Affairs. Slovakia made recommendations.
94. Ecuador acknowledged the high level of enforcement and protection of human rights in Ireland. Ecuador also recalled that in the context of economic crisis, budgetary cuts should not hinder the obligations of Ireland with regard to social protection. Ecuador made recommendations.
95. Brazil noted the availability of publicly funded hospital services and commended Ireland for the adoption of the National Women’s Strategy 2007-2016. Brazil expressed concern at racial profiling by law enforcement officials and detention periods for asylum- seekers under the Immigration Act, and at the fact that persons detained for immigration- related reasons are jailed in ordinary facilities. Brazil also expressed concern at the accessibility of the healthcare system for migrants, refugees and asylum-seekers. Brazil made recommendations.
96. Indonesia noted the positive efforts of the Government of Ireland to provide a framework and safeguards for the protection of civil, political, economic and cultural rights
for all people in Ireland. In particular, Indonesia commended the guarantee of the right to assembly and the standard of working conditions, as well as the allocations in the State budget for health care and education. Indonesia made recommendations.
97. Pakistan noted the resolve of the Government of Ireland to provide better education and health services to the Traveller community. Pakistan mentioned that in 2011 the Committee on the Elimination of Racial Discrimination had noted with regret that the economic recession was likely to threaten the ongoing efforts of the Government to combat racial discrimination due to disproportionate budget cuts to those mechanisms dealing with the anti-racism agenda. Pakistan made recommendations.
98. Malaysia noted with concern the increase in complaints of discrimination against minority groups including Muslims. Instances of racial profiling of non-Irish persons by police and other law enforcement personnel have also reportedly increased. Malaysia asked the delegation of Ireland to elaborate on the measures taken by the Government to promote diversity and tolerance of other faiths and beliefs. Malaysia made recommendations.
99. Azerbaijan noted that the Committee on the Elimination of Racial Discrimination had reiterated that responses to financial and economic crises should not lead to a situation which would potentially give rise to racism, racial discrimination and xenophobia, and related intolerance against foreigners and persons belonging to minorities. The Committee also expressed concern at the lack of legislation proscribing racial profiling by the Garda Sìochàna (Police) and other law enforcement personnel. Azerbaijan made recommendations.
an independent commission to investigate allegations of violence against women and children. Thailand made recommendations.
105. With regard to racial profiling, the delegation of Ireland reiterated that An Garda Síochána does not engage in, or carry out, this practice. The delegation noted that the Government maintains an ongoing dialogue and engagement with all faith and non-faith groups. Discrimination on religious grounds is prohibited. Freedom of assembly and freedom of expression are guaranteed by the Constitution and fully respected by the Government. These freedoms include the right to partake in demonstrations and to participate in the political process. The delegation recalled that Irish legislation provides strong protection against religious discrimination and incitement to hatred, including Islamophobia. “Hate speech” can be criminally prosecuted through the Irish Courts. The
delegation of Ireland thanked all delegations for their contributions to the interactive dialogue, and welcomed the constructive spirit in which recommendations were given.
II. Conclusions and/or recommendations**
106. The recommendations formulated during the interactive dialogue and listed below have been examined and enjoy the support of Ireland:
106.1. Complete the ratification process (Indonesia), consider the ratification (Chile, Ecuador) or the possibility of ratification (Argentina, Peru), ratify the
Convention on the Rights of Persons with Disabilities (Austria, Canada,
Greece, Iran, Iraq, Spain) already signed in 2007 (Algeria), at the earliest
possible time/as soon as possible (France, Hungary);
106.2. Become a party (Estonia), consider accession (Brazil), ratification (Chile), ratify the Optional Protocol to the Convention against Torture (OP-
CAT) (France, Greece, Slovenia, United Kingdom) and set up a national
prevention mechanism that meets the criteria and guarantees under this
instrument (Switzerland);
106.3. Continue the efforts for a speedy ratification of the Optional Protocol to the Convention against Torture (Peru);
106.4. Pursue efforts to ratify (Iraq), complete the ratification process (Indonesia), consider the possibility of ratifying (Argentina, Ecuador), ratify
the International Convention for the Protection of All Persons from Enforced
Disappearance (CED) (Spain) as soon as possible (France);
106.5. Continue the process of accession to or ratification of the pending main international human rights instruments, in particular CED and the Convention
on the Rights of Persons with Disabilities (CRPD) (Costa Rica);
106.6. Consider the ratification (Chile, Ecuador), ratify the Optional Protocol to the Convention on the Rights of Child on the sale of children, child
prostitution and child pornography (OP-SCR) (Portugal, Slovenia, Turkey), as
soon as possible (France);
106.7. Reinforce the independence and the capacity of the Irish Human Rights Commission to fulfil its mandate effectively in accordance with the Paris
Principles (Moldova), by endowing it with adequate and sufficient resources
(Ghana);
** Conclusions and recommendations have not been edited.
106.8. Ensure and strengthen the independence of its national human rights infrastructure (Egypt);
106.9. Implement its commitment to holding a constitutional referendum on children’s rights with a view to incorporating those rights into the Irish
Constitution (Australia);
106.10. Ensure a comprehensive and effective incorporation of children’s rights into its legal framework in line with the Convention on the Rights of the
Child (CRC), by incorporating children’s rights into the Constitution
(Portugal);
106.11. Give further effect to international human rights instruments in the domestic legislation, including from the provisions contained in the CRC
(Indonesia);
106.12. Ensure that the current budget cuts do not result in stifling the activities of human rights bodies (Turkey);
106.13. Work with all sectors to ensure the Human Rights and Equality Commission is an effective agent for enhancing the country’s commitment to
human rights (Australia);
106.14. Continue to provide support for human rights education and training domestically in order to enhance awareness and respect for human rights
(Moldova);
106.15. Take measures to make access available to people with disabilities, on an equal footing, to education, employment, housing, transport and cultural life
and facilitate their access to public places and services (Costa Rica);
106.16. Continue with the efforts related to the protection of the rights of people with disabilities (Ecuador);
106.17. Enact laws that protect adequately the rights and the well-being of separated and unaccompanied minors seeking asylum, in conformity with
standards established under international laws (Uruguay);
106.18. Take the measures required to respect economic, social and cultural rights (Iraq);
106.19. Continue the efforts to ensure the exercise of human rights by the sections of society needing special attention from the authorities (Romania);
106.20. Continue action including legislation to remove gender-based inequalities in the workplace, including wage disparities between men and
women (Sri Lanka);
106.21. Take additional measures to eliminate inequalities between women and men (Moldova);
106.22. Continue its efforts to ensure that migrants and women belonging to minorities continue to be the focus of government programmes specifically
geared towards the protection of their rights (Argentina);
106.23. Take measures to tackle racial discrimination and to combat more resolutely all forms of racism, xenophobia and religious intolerance against
foreigners and religious minorities, including Muslims (Iran);
106.24. Fight Islamophobia and support its Muslim citizens, by enabling them to practise their religion (Iran);
106.25. Ensure that any person involved in xenophobic and Islamophobic acts is investigated and prosecuted (Iran);
106.26. Take more effective measures to combat racial discrimination and intolerance, including by promptly investigating and taking stern action against
perpetrators of racism, xenophobic and discriminatory acts and by promoting
intercultural understanding and tolerance between the different ethnic and
faith groups in the country (Malaysia);
106.27. Strengthen its efforts to protect the human rights of all Ireland’s citizens, including those from sub-Saharan Africa (Indonesia);
106.28. Ensure that any persons involved in racial discrimination acts are investigated and prosecuted, and, if found guilty of such incidents, punished
with appropriate penalties (Azerbaijan);
106.29. Maintain the strategies of holistic health and provisions of health care, with special emphasis on vulnerable groups, despite the budget cuts due to the
economic crisis (Chile);
106.30. Strengthen the measures to improve the representation, education and protection of Travellers (Chile);
106.31. Continue its work for the full realization of human rights of the Traveller community in the country (Sweden);
106.32. Continue pursuing appropriate policies designed to provide for equal opportunities to members of the Traveller community, with special focus on
access to health care, education and housing, including ensuring Travellers’
participation in public life related decision-making process (Slovakia);
106.33. Improve social and economic conditions of the members of the Traveller community (Pakistan);
106.34. Continue action to protect the conditions of migrant workers by improving existing legislation (Sri Lanka);
106.35. Ensure specifically that economic measures do not disproportionally impact upon the elderly (Netherlands);
106.36. Take effective measures to improve prison conditions (Algeria);
106.37. Give priority to bringing conditions and treatment of detainees in Irish prisons into line with international human rights standards, including through
implementing outstanding recommendations from international human rights
bodies (Norway);
106.38. Improve conditions for detainees in Irish prisons to bring them in line with international standards (Australia);
106.39. Continue its efforts to incorporate in-cell sanitation in all prison facilities (USA);
106.40. Further improve the conditions of detainees in line with international human rights standards (Hungary);
106.41. Take effective measures as soon as possible in order to avoid overcrowding in prisons and other detention facilities, in line with the Standard
Minimum Rules for the Treatment of Prisoners (Austria);
106.42. Give due attention to the results of the expert group examining the possibility of the construction of a new prison (Austria);
106.43. Increase the use and promotion of alternative, non-custodial measures (Austria);
106.44. Continue its effort to secure satisfactory sanitary facilities in Irish prisons, including in-cell sanitation, and to mitigate overcrowding (Denmark);
106.45. Urgently and comprehensively bring conditions for the prison population into line with international human rights standards (Sweden);
106.46. Carry out all efforts to reduce overcrowding in prisons and to ensure that imprisonment is a measure of last resort (Spain);
106.47. Continue with the implementation of measures to improve adverse conditions in prisons, in particular the renovations required to improve the
health situation in prisons and effective programmes for education and
rehabilitation of prison inmates (Peru);
106.48. Complete the review of prison conditions in order to increase the quality of the prison management system (Indonesia);
106.49. Continue to strengthen its policies and laws against domestic violence (Algeria);
106.50. Strengthen its policies and laws against domestic violence towards women (Moldova);
106.51. Continue efforts with the aim of establishing protection campaigns and programmes for women against domestic violence (Argentina);
106.52. Submit rapidly its national report to the Committee on the Elimination of Discrimination against Women (CEDAW) that was due in 2007 and include
a section on violence against women as requested by the Committee
(Switzerland);
106.53. Fully implement the relevant laws, policies and programmes aimed at combating domestic violence in the country (Malaysia);
106.54. Pass legislation to combat trafficking in human beings in the form of sham marriages (Latvia);
106.55. Support its Muslim citizens in enabling them to practise their religion (Turkey);
106.56. Make available adequate budgetary allocations, despite financial constraints, for the continued provision and improvement of education and
health services which are essential to protect the rights of the poorest and the
most vulnerable members of society (Sri Lanka);
106.57. Ensure the principle of equality and non-discrimination while guaranteeing the enjoyment of the right to health (Brazil);
106.58. Ensure the national availability and accessibility to contraceptive services and methods, including through the dissemination of information and
education to boys, girls and adolescents, taking into account prevention of
discrimination based on geographic status, disability or migrant status
(Mexico);
106.59. Further measures to eliminate the underrepresentation of women in decision-making roles, particularly in the political arena and as members of
corporate boards (Ghana);
106.60. Establish a consolidated framework relating to immigration and asylum issues, including an independent Appeals body (United Kingdom);
106.61. Ensure that all asylum-seekers in Ireland can effectively accede to the process of determination of their refugee condition and that decisions on the
necessity for international protection can be reviewed and are subject to
independent judicial supervision (Mexico);
106.62. Continue to allocate financial assistance for developing countries in the framework of Official Development Assistance (ODA) and meet the
commitment made in this regard at the international level (Algeria).
107. The following recommendations will be examined by Ireland, which will provide responses in due time, but no later than the nineteenth session of the Human
Rights Council in March 2012:
107.1. Sign and ratify the Optional Protocol to the CRPD (Austria, Spain);
107.2. Continue the process of accession to or ratification of the pending main international human rights instruments, in particular OP-CRPD (Costa Rica);
107.3. Withdraw its reservations to the International Covenant on Civil and Political Rights (ICCPR) (Brazil);
107.4. Consider incorporating the right to health and the right to housing (Portugal) and sign and ratify the Optional Protocol to the International
Covenant on Economic, Social and Cultural Rights (OP-ICESCR) (Ecuador);
107.5. Withdraw its reservations to the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD), ICESCR and
ICCPR (Iran);
107.6. Ratify the United Nations Educational, Scientific and Cultural Organization (UNESCO) Convention against Discrimination in Education
(1960) (Hungary) and incorporate it into law (Iran);
107.7. Adopt practical and legal measures to curb racial discrimination and discrimination against migrants and look at the appeal by UNESCO to ratify
the Convention against Discrimination in Education (Uzbekistan);
107.8. Continue the implementation of the recommendations made by the Committee on the Elimination of Racial Discrimination (CERD) (Iraq);
107.9. Ensure the comprehensive and effective incorporation of children’s rights into Ireland’s legal framework in line with the United Nations
Convention on the Rights of the Child by incorporating children’s rights into
the Constitution (Cambodia);
107.10. Urgently take measures necessary to ensure that the United Nations Convention on the Rights of the Child is fully implemented and incorporated
into the legal and administrative system of Ireland (Sweden);
107.11. Consider alternative (legislative) measures that will enhance the position of children in the short term (i.e. extending the remit of the
Ombudsman to children in prisons and asylum-seeking children)
(Netherlands);
107.12. Strengthen the legal framework for the protection of the rights of children and the rights of other vulnerable groups such as women, the elderly,
people with disabilities and the community of Travellers (Peru);
107.13. Enhance legal action against all forms of discrimination on the basis of race, ethnic, language, religion or national origin, in particular comprehensive
respect for human rights of foreigners regardless of their migratory status
(Ecuador );
107.14. Develop and adopt a gender parity law (France);
107.15. Pursue efforts aimed at strengthening the protection of all people from racial discrimination and by improving the existing draft pieces of legislation
and passing them into law (Ghana);
107.16. Adopt laws to deal with the situation of persons not enjoying the highest level of physical and mental health with regards to the 2001 Act on
Mental Health and bring its provisions in line with the CRPD (Spain);
107.17. Withdraw the provisions which entered into force on 1 January 2010 making blasphemy punishable as they may constitute an excessive limitation to
the freedom of expression (France);
107.18. Take steps to ensure that the current economic crisis does not erode human rights, in particular by developing a National Action Plan on Human
Rights as well as by providing continued support and shared experience on
human rights worldwide (Cambodia);
107.19. Develop provisions of a training programme to raise the awareness of the judiciary to the racial dimension of crime and to ensure that judges take
into account racist motivation as an aggravating circumstance when they
sentence in criminal cases (Uruguay);
107.20. Adopt immediate measures to assign an ad litem tutor or adviser to unaccompanied minors independently of whether an application for protection
has been submitted (Uruguay);
107.21. Enact laws setting principles on law, rights and obligations that govern family reunification (Uruguay);
107.22. Draw up an integrated and comprehensive human rights plan of action (Indonesia);
107.23. Ensure the full implementation and undertake an independent assessment of the National Women’s Strategy (Austria);
107.24. In line with the recommendations made by CERD, adopt and implement immediately legislation prohibiting any form of racial
discrimination and ensure humanitarian treatment for migrants and persons of
non-Irish origin, including through adequate training for judicial and police
personnel (Mexico);
107.25. Consider strengthening its National Action Plan against Racism (Brazil);
107.26. Fully explore the possibility of putting in place a new National Plan of Action against Racism (Malaysia);
107.27. Accelerate efforts in establishing a national network of schools that guarantee equality of access to children irrespective of their religious, cultural
or social background (Malaysia);
107.28. Strengthen the protection of all people from racial discrimination by improving the existing draft pieces of legislation and passing them into law
(Pakistan);
107.29. Establish appropriate mechanisms to encourage the reporting of racist incidents and crimes (Azerbaijan);
107.30. Investigate the reports of “knife stabbings” against people mainly from sub-Saharan Africa and ensure that the perpetrators are prosecuted and, when
convicted, punished with appropriate penalties (Azerbaijan);
107.31. Introduce a complete integration policy for this specific group (referring to Travellers who continue to suffer from discrimination) (Czech
Republic);
107.32. Introduce measures to improve the conditions of Travellers in the society and introduce a comprehensive system for the monitoring of racist
incidents (Turkey);
107.33. Recognize Travellers as an official minority (Slovakia);
107.34. Activate efforts to improve the living conditions of detainees pretrial and after conviction and also to implement all the requirements of minimum
standards of treatment of inmates (Uzbekistan);
107.35. Take the necessary measures to avoid detention of asylum-seekers and to avoid situations which may equate the condition of immigrants to that of
felons (Brazil);
107.36. Enhance its efforts at the local level to better carry out the campaign against domestic violence (Switzerland);
107.37. Sign the Council of Europe Convention on Violence against Women and Domestic Violence (Austria);
107.38. Strengthen its policies and laws against domestic violence and prepare adequate statistics, including sex, age and family relationship of victims and
perpetrators (Pakistan);
107.39. Implement the United Nations Rules for the Treatment of Women Prisoners and Non-Custodial Measures for Women Offenders, otherwise
known as the “Bangkok Rules” (Thailand);
107.40. Institute a comprehensive statutory inquiry and compensation scheme in order to guarantee accountability and assist the (women and children)
victims (of violence) (Thailand);
107.41. Explicitly prohibit any form of corporal punishment in the family and continue developing awareness-raising campaigns and education for parents
and for the public in general (Uruguay);
107.42. Promote forms of discrimination and non-violent discipline as an alternative to corporal punishment, taking into consideration general comment
No. 8 (2006) of the Committee on the Rights of the Child on the protection of
children from corporal punishment and other cruel or degrading forms of
punishment (Uruguay);
107.43. Amend the Civil Registration Act empowering the registers and the Garda (police) to intervene against sham marriages and to amend the criminal
law to criminalize the organizers and facilitators of sham marriages (Latvia);
107.44. Further reform the law on same-sex marriage and change the concept of the traditional family as enshrined in the Constitution (Spain);
107.45. Amend Article 37 of the 1998 Employment Equality Act in order to prevent such discrimination against homosexuals and unmarried parents
(Switzerland);
107.46. Enact legislation to make the right to collective bargaining through trade unions in line with international commitments (Norway);
107.47. Encourage diversity and tolerance of other faiths and beliefs in the education system by monitoring incidents of discrimination on the basis of
belief (Turkey);
107.48. Eliminate religious discrimination in access to education (Egypt);
107.49. Adopt necessary measures to legally recognize the human rights of all minorities and ethnic groups that are residing in the country (Ecuador);
107.50 Continue public consultations with NGOs and civil society in the follow-up to the UPR (Austria).
108. The recommendations below did not enjoy the support of Ireland:
108.1. Consider becoming a party to (Turkey); the possibility of (Argentina, Ecuador, Peru) signing and ratifying the International Convention on the
Protection of the Rights of All Migrant Workers and Members of their Families
(Algeria, Egypt), incorporate it into law (Iran), and accede to its principles
(Mexico);
108.2. Enact laws and design plans and strategies in the area of combating racism, racial discrimination, and racial profiling and investigate relevant cases
to ensure provision of reparations to victims (Egypt);
108.3. Consider reviewing its law on the minimum age of criminal responsibility, to be in conformity with international human rights standards
(Timor-Leste);
108.4. Bring its abortion laws in line with ICCPR (Norway);
108.5. Introduce legislation to implement the European Court of Human Rights judgement in the A, B and C versus Ireland case (United Kingdom);
108.6. Take measures to revise the law on abortion with a view to permitting termination of pregnancy in cases where pregnancy is a result of rape or incest,
or in situations where the pregnancy puts the physical or mental health or well-
being of the pregnant woman or the pregnant girl in danger (Denmark);
108.7. Allow abortion at least when pregnancy poses a risk to the health of the pregnant woman (Slovenia);
108.8. Adopt legislative measures that guarantee greater integration of women as well as safeguards for their personal rights and reproductive health
care and reform the Offences against the Person Act of 1861 to decriminalize
abortion under certain circumstances (Spain);
108.9. Ensure that the establishment of an expert group on abortion matters will lead to a coherent legal framework including the provision of adequate
services (Netherlands);
108.10. Legislate against racial profiling and strengthen its efforts to promote the humane treatment of migrants and people of non-Irish origin by law
enforcement officers (Iran);
108.11. Consider adopting measures to prohibit any form of racial profiling by police and law enforcement officials (Brazil);
108.12. Adopt legislation that prohibits any form of racial profiling and furthermore strengthen its efforts to promote the humane treatment of
migrants and people of non-Irish origin by the Garda Síochána and other law
enforcement personnel in accordance with international human rights law
(Azerbaijan);
108.13. Strengthen its laws to prohibit racial profiling and strengthen its efforts to promote humane, dignified and non-selective treatment for migrants
and other persons who are not of Irish origin (Honduras);
108.14. Ensure the protection of the rights of domestic migrant workers, the majority of whom are women whose rights are not protected under the 2004
Law on parity (Uzbekistan);
108.15. Introduce a law allowing for family reunions as well as a law granting refugees the right to work (Czech Republic).
109. All conclusions and/or recommendations contained in the present report reflect the position of the submitting State(s) and/or the State under review. They should not
be construed as endorsed by the Working Group as a whole.
Annex
Composition of the delegation
The delegation of Ireland was headed by; H.E. Mr. Alan Shatter, T.D., Minister for Justice and Equality, and composed of the following members:
• H.E. Ambassador Gerard Corr, Permanent Mission of Ireland to the United Nations, Geneva;
• Mr. Diarmuid Cole, Assistant Secretary, Department of Justice and Equality, Dublin, Ireland;
• Mr. Colin Wrafter, Director of Human Rights Unit, Department of Foreign Affairs and Trade, Dublin, Ireland;
• Mr. Deaglán Ó Briain, Principal Officer, Department of Justice and Equality, Dublin, Ireland;
• Ms. Garaldine Luddy, Principal Officer, Department of Health, Dublin, Ireland;
• Mr. Thomas Cooney, Adviser to the Minister for Justice and Equality, Dublin, Ireland;
• Mr. Mícheál Tierney, Deputy Permanent Representative, Permanent Mission of Ireland to the UN, Geneva;
• Ms. Janet Lacey, Assistant Principal Officer, Department of Justice and Equality, Dublin, Ireland;
• Ms. Joan Regan, Assistant Principal Officer, Department of Health, Dublin, Ireland;
• Ms. Layla de Cogan Chin, Administrative Officer, Department of Justice and Equality, Dublin, Ireland;
• Ms. Bernadette Phelan, Administrative Officer, Department of Justice and Equality, Dublin, Ireland;
• Mr. Damien Ó Bráonain, Private Secretary to the Minister for Justice and Equality, Dublin, Ireland;
• Ms. Joanne Kirk, Higher Executive Officer, Department of Justice and Equality, Dublin, Ireland;
• Ms. Ciara Kellegher, Press Officer, Department of Justice and Equality, Dublin, Ireland;
• Ms. Caroline Sweeney, Human Rights Officer, Permanent Mission of Ireland to the UN, Geneva;
• Ms. Sarah Farrelly, Human Rights Officer, Department of Foreign Affairs and Trade, Dublin, Ireland.