33/17 Report of the Working Group on the Universal Periodic Review - Ireland

GE.16-12337 (E) 150816



Human Rights Council Thirty-third session

Agenda item 6

Universal periodic review

Report of the Working Group on the Universal Periodic Review*

Ireland

* The annex is being circulated in the language of submission only.

United Nations A/HRC/33/17

2 GE.16-12337

Contents

Page

Introduction ................................................................................................................................... 3

I. Summary of the proceedings of the review process ...................................................................... 3

A. Presentation by the State under review ................................................................................. 3

B. Interactive dialogue and responses by the State under review .............................................. 4

II. Conclusions and/or recommendations ........................................................................................... 13

Annex

Composition of the delegation ...................................................................................................... 29

GE.16-12337 3

Introduction

1. The Working Group on the Universal Periodic Review, established in accordance

with Human Rights Council resolution 5/1, held its twenty-fifth session from 2 to 13 May

2016. The review of Ireland was held at the 18th meeting on 11 May 2016. The delegation

of Ireland was headed by Tánaiste and Minister of Justice and Equality, Frances Fitzgerald.

At its 20th meeting, held on 13 May 2016, the Working Group adopted the report on

Ireland.

2. On 12 January 2016, the Human Rights Council selected the following group of

rapporteurs (troika) to facilitate the review of Ireland: Ghana, Republic of Korea and

Slovenia.

3. In accordance with paragraph 15 of the annex to Human Rights Council resolution

5/1 and paragraph 5 of the annex to Council resolution 16/21, 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.6/25/IRL/1);

(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.6/25/IRL/2);

(c) A summary prepared by OHCHR in accordance with paragraph 15 (c)

(A/HRC/WG.6/25/IRL/3).

4. A list of questions prepared in advance by the Czech Republic, Germany,

Liechtenstein, Mexico, the Netherlands, Norway, Slovenia, Spain, 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 universal periodic review.

I. Summary of the proceedings of the review process

A. Presentation by the State under review

5. The delegation stated that Ireland attached great importance to human rights and the

universal periodic review. Significant domestic developments had taken place since the first

cycle. Ireland had challenges to address and was committed to improving its human rights

protection. The delegation stressed the importance of, and the significant contribution made

by, a strong and independent community and voluntary sector, and praised the engagement

of civil society organizations and the Irish Human Rights and Equality Commission.

6. The delegation outlined the socioeconomic context for the policy choices of the

previous five years. The social welfare system had protected the most vulnerable from the

worst impact of the financial crisis.

7. Key recent human rights developments had included the adoption by referendum of

a Constitutional amendment to provide for same-sex marriage. Ireland was at the forefront

of introducing self-determined gender recognition under the Gender Recognition Act 2015,

which allowed adults to determine their own gender without recourse to medical or

psychological opinion, and provided for a person’s preferred gender to be fully recognized

by the State.

4 GE.16-12337

8. Ireland had amended its Constitution to strengthen the rights of children, including

the principle that the rights of the child were the paramount consideration in relevant

proceedings. The Children and Family Relationships Act 2015 had established new legal

architecture for children and set the rights of the child as the court’s paramount

consideration in family law cases.

9. The Irish Human Rights and Equality Commission’s structural independence and the

strength of its mandate had been recognized internationally and it had been accorded “A”

status. Its founding Act placed a positive duty on public bodies to have due regard in their

work for human rights and equality and to conduct their business in a manner consistent

with individual human rights.

10. Ireland had sought the views of members of the public and civil society in preparing

for the review. It was the first European Union member State to have published a national

strategy on children and young people’s participation in decision-making, following a

child-led consultation with 8 to 17 year olds.

B. Interactive dialogue and responses by the State under review

11. During the interactive dialogue, 93 delegations made statements. Recommendations

made during the dialogue are to be found in section II of the present report.

12. The Holy See appreciated the new strategies against domestic violence and on

children and persons with disabilities, and the establishment of the Irish Refugee Protection

Programme.

13. Honduras welcomed the efforts of Ireland to implement the recommendations

received during the first review cycle.

14. Hungary commended Ireland for its commitment to protecting human rights

defenders. Hungary regretted that Ireland had not yet ratified the Convention on the Rights

of Persons with Disabilities or established the national preventive mechanism required

under the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or

Degrading Treatment or Punishment, in line with previously accepted recommendations.

15. India welcomed the establishment of the Irish Human Rights and Equality

Commission and the Workplace Relations Commission, the adoption of the Equality Act

and recent measures to enhance the rights of the child. India encouraged Ireland to address

the forced removal of Roma children from their families and their placement in State care.

India was concerned at the disproportionately high level of unemployment among

Travellers, Roma, young people and persons with disabilities.

16. The Philippines commended the establishment of the Irish Human Rights and

Equality Commission and the adoption of the Equality Act. It encouraged Ireland to ensure

migrants’ access to the labour market and social security, to address allegations of ill-

treatment of older persons and persons with disabilities in residential care, and to consider

alternatives to institutionalization.

17. The Islamic Republic of Iran was concerned at racial discrimination against, and

intolerance and profiling of Muslims and people of African origin. It shared the concerns of

the Committee on the Rights of the Child regarding the state of health of children in single-

parent families, children living in poverty and Traveller and Roma children.

18. Iraq welcomed the adoption of legislation enabling ratification of the Convention on

the Rights of Persons with Disabilities and the establishment of the Irish Human Rights and

Equality Commission, which would assist public bodies in performing their duties.

GE.16-12337 5

19. Israel was deeply concerned about hate crimes, unnecessary surgery on intersex

children, and persistent discrimination against lesbian, gay, bisexual, transgender and

intersex children. Israel was worried about reports of non-consensual use of psychiatric

medication, electroshocks and other coercive practices in mental health services.

20. Kenya noted the efforts of Ireland to combat racism and increase international

development aid, and its active engagement in establishing the Sustainable Development

Goals.

21. Kyrgyzstan commended Ireland for adopting its second national strategy on

domestic, sexual and gender-based violence and the Equality Act, and for acceding to

several international human rights instruments.

22. Latvia noted efforts to reduce the risk of human trafficking through sham marriages,

and the adoption of the Children First Act and a national strategy on children’s and young

people’s participation in decision-making.

23. Lebanon praised Ireland for having implemented many recommendations from the

first review, including by amending anti-discrimination laws and achieving equality.

24. Libya commended Ireland for reforming the law enforcement sector and establishing

the Irish Human Rights and Equality Commission.

25. Lithuania commended Ireland for adopting a national suicide prevention strategy

and encouraged its full implementation. Lithuania welcomed the adoption of the second

national strategy on domestic, sexual and gender-based violence.

26. Malaysia noted new legislation, reform and strategies on policing operations,

protecting children, combating racism, and disability inclusion, while noting the need to

give further attention to the rights of women, children and persons with disabilities.

27. Maldives commended Ireland for adopting the Equality Act 2015, developing a

national plan against trafficking and extending the Early Childhood Care Education

programme.

28. Mexico congratulated Ireland for its commitment to the universal periodic review

and for its progress in developing initiatives on migration. It urged Ireland to consolidate

and implement the initiatives promptly.

29. Montenegro welcomed the strategy on domestic violence and the plan to ratify the

Council of Europe Convention on Preventing and Combating Violence against Women and

Domestic Violence. Montenegro asked about the consultation process launched on the

ratification of the Optional Protocol to the Convention against Torture and about the initial

results of the work of the police authorities’ Child Protection and Human Exploitation Unit.

30. Morocco noted the commitment of Ireland to combating racism in all its forms,

including against migrants. It welcomed the establishment of the Irish Human Rights and

Equality Commission and the Inter-Departmental Committee on Human Rights, and the

consultations on ratification of the Optional Protocol to the Convention against Torture.

31. Mozambique welcomed the draft national action plan to prevent and combat human

trafficking and the inspirational national strategy on children and young people’s

participation in decision-making.

32. Namibia welcomed the national consultations on the review process, especially

among children and young people, and the adoption of the Equality Act 2015 and the

strategy against domestic violence.

33. The Netherlands congratulated Ireland on its referendum amending the Constitution

to allow same-sex marriage. It encouraged further action on ratifying the Optional Protocol

6 GE.16-12337

to the Convention against Torture and on removing all constitutional obstacles restricting

access to abortions.

34. New Zealand commended progress on gender equality and the Constitutional

amendment allowing same-sex marriage, while noting the need for further work on the

sexual and reproductive health policy for adolescents.

35. Norway appreciated the continued involvement of civil society in the review

process. Norway remained concerned about the restrictive circumstances under which an

abortion could be carried out in Ireland and about prison conditions.

36. Pakistan commended Ireland for its adoption of the National Disability Inclusion

Strategy, its establishment of the Irish Human Rights and Equality Commission and the

Court of Appeal and its cooperation with human rights mechanisms.

37. Panama welcomed the efforts of Ireland to protect human rights, especially the

strategies on domestic, sexual and gender-based violence and on children and young

people’s participation in decision-making, and the establishment of the Child Protection

and Human Exploitation Unit and the Court of Appeal.

38. Paraguay highlighted the effective application of legislation in Ireland and hoped

that remaining problems could be overcome with successive legal reforms.

39. Indonesia welcomed the establishment of the Inter-Departmental Committee on

Human Rights to assist in the ratification of key international human rights treaties and the

commitment to further promote women’s rights.

40. Poland welcomed the establishment of the Irish Human Rights and Equality

Commission.

41. Portugal welcomed the establishment of the Irish Human Rights and Equality

Commission. Portugal was concerned that families affected by homelessness reportedly

faced delays in accessing social housing.

42. Qatar was concerned at violence against women and girls and that asylum seekers

faced long waiting periods and poor living conditions in reception centres. It reminded

Ireland of its pledge to ratify the Convention on the Rights of Persons with Disabilities.

43. The delegation of Ireland reported that ratifying the Amendment to the Rome Statute

of the International Criminal Court on the crime of aggression was an important objective.

The Government was committed to promoting freedom of expression on and offline, and

was actively highlighting the issue of climate change in human rights discussions.

44. The Irish Refugee Protection Programme was a response to the migration crisis in

Southern Europe. Over two years, Ireland would take up to 4,000 individuals, including 520

programme refugees from Lebanon under the refugee resettlement programme. To date,

263 people had been accepted and the remainder were expected by the end of 2016.

45. The new Government had reaffirmed its commitment to resolving the housing

shortage and homelessness crisis by appointing a Cabinet Minister for housing issues, and

was committed to putting housing on a sustainable footing. The delegation stated that every

household in Ireland would have access to secure, good quality housing suited to its needs

at an affordable price in a sustainable community. It had set a target of an increase in output

to the 25,000 homes required annually and measures had been introduced accordingly.

46. The rental market in Ireland had doubled between 2006 and 2011. Measures were

being introduced to bring much-needed stability to the rental sector.

47. The Social Housing Strategy 2020 aimed to increase the supply of social housing by

110,000 by 2020. Some €3 billion in capital funding would be provided to that end.

GE.16-12337 7

48. The Republic of Korea commended the enhancement of women’s political

participation through establishing quotas for the general election, and the establishment of

the Irish Human Rights and Equality Commission.

49. The Republic of Moldova encouraged Ireland to expedite ratification of the Optional

Protocol to the Convention against Torture and to establish a national preventive

mechanism. It inquired about the anti-trafficking plan.

50. Romania noted the steps taken by Ireland to ensure respect for the human rights of

persons affected by the economic and financial crisis.

51. The Russian Federation made recommendations.

52. Saudi Arabia regretted the absence of legislation to ratify the Convention on the

Rights of Persons with Disabilities and was concerned at racist manifestations, the lack of a

strong monitoring mechanism, the gender wage gap and religious discrimination policies in

schools.

53. Senegal noted the ratification of the International Labour Organization (ILO)

Domestic Workers Convention, 2011 (No. 189) and welcomed the Comprehensive

Employment Strategy for People with Disabilities.

54. Sierra Leone commended Ireland for highlighting the importance of civil society,

and for the strategy on domestic, sexual and gender-based violence, the domestic violence

bill and the national action plan to prevent and combat human trafficking.

55. Singapore welcomed initiatives to meet housing needs such as the Social Housing

Strategy 2020 and the integrated housing package. Singapore commended Ireland for its

Comprehensive Employment Strategy for People with Disabilities and looked forward to

the early ratification of the Convention on the Rights of Persons with Disabilities.

56. Slovakia welcomed the establishment of the Irish Human Rights and Equality

Commission and the Child and Family Agency, and the adoption of the Children First Act.

Slovakia encouraged Ireland to ensure effective access to abortion.

57. The United States of America commended Ireland for co-facilitating the United

Nations high-level plenary meeting on addressing large movements of refugees and

migrants and for its work on the Sustainable Development Goals. It was concerned at

discrimination against Traveller and Roma communities and at religious preference in

admissions to publicly funded schools under religious patronage. It noted negative

developments in women’s reproductive health.

58. South Africa commended Ireland for submitting a voluntary interim report and

enacting legislation ensuring that same-sex couples could marry. It urged Ireland to

reinstate the age of 14 years as the age of criminal responsibility, as was established in the

2001 Children Act.

59. Spain congratulated Ireland for its national and international commitment to human

rights and for the recent adoption of the law on same-sex marriage.

60. Sri Lanka welcomed the establishment of the Irish Human Rights and Equality

Commission, the constitutional recognition of children as rights holders and efforts to

reduce unemployment and poverty.

61. The State of Palestine welcomed progress in addressing the needs of persons with

disabilities, towards ratifying the Convention on the Rights of Persons with Disabilities,

and regarding business and human rights, including publication of the working outline of

the national action plan thereon.

62. The Sudan welcomed the comprehensive presentation of the national report.

8 GE.16-12337

63. Sweden welcomed the delegation.

64. Switzerland underlined that its accepted recommendation to ratify the Optional

Protocol to the Convention against Torture had yet to be implemented, and noted that the

legal framework on abortion remained restrictive despite the Protection of Life During

Pregnancy Act 2013.

65. Thailand congratulated Ireland on its ratification of the Optional Protocol to the

Convention on the Rights of the Child on a communications procedure and the second

National Action Plan on Women, Peace and Security. It encouraged Ireland to adopt a

national human rights action plan. It was concerned at the high incidence of violence

against women and children.

66. The former Yugoslav Republic of Macedonia commended Ireland for its support for

civil society organizations and its establishment of the Inter-Departmental Committee on

Human Rights, and requested an update on ratification of the Optional Protocol to the

Convention against Torture.

67. Timor-Leste welcomed the adoption of the Children (Amendment) Act 2015,

repealing detention of children in adult prison facilities, and the strengthening of inpatient

child and adolescent mental health services.

68. Togo welcomed the development of the strategy on domestic, sexual and gender-

based violence, containing an action plan for ratifying the Council of Europe Convention

on Preventing and Combating Violence against Women and Domestic Violence.

69. Turkey noted the economic difficulties of Ireland and welcomed the recent measures

that had boosted public resources and improved housing, social security and health care. It

noted steps to encourage co-education, diversity and tolerance of other faiths and the

commitment to ratify the Convention on the Rights of Persons with Disabilities.

70. Ukraine welcomed the establishment of consultations with young people, the Court

of Appeal, the Irish Human Rights and Equality Commission and the second national

strategy on domestic, sexual and gender-based violence.

71. The United Arab Emirates welcomed the establishment of the Child and Family

Agency and the Child Protection and Human Exploitation Unit, and the adoption of the

Children First Act.

72. The United Kingdom welcomed the decision to extend marriage rights to same-sex

couples and the constitutional amendment strengthening children’s rights. It encouraged

Ireland to ratify the Optional Protocol to the Convention against Torture.

73. Slovenia welcomed the ratification of the Optional Protocol to the Convention on

the Rights of the Child on a communications procedure and the Convention on Access to

Information, Public Participation in Decision-Making and Access to Justice in

Environmental Matters, and the adoption of legislation on same-sex marriage. It noted

persistent challenges regarding freedom of religion or belief in the education system and on

access to abortion. It regretted that its previously accepted recommendations on ratification

of the Optional Protocol to the Convention against Torture and the Optional Protocol to the

Convention on the Rights of the Child on the sale of children, child prostitution and child

pornography had not been implemented.

74. Uruguay welcomed the constitutional and legal measures Ireland had adopted

against discrimination based on sexual orientation and gender identity, and the

establishment of the Irish Human Rights and Equality Commission. Uruguay noted that the

treaty bodies had underlined the restrictiveness of legislation on abortion.

GE.16-12337 9

75. The Bolivarian Republic of Venezuela noted the ratification of the Optional Protocol

to the Convention on the Rights of the Child on a communications procedure. It welcomed

the policies aimed at promoting the equality and integration of Roma and Travellers and

praised the Irish Refugee Protection Programme.

76. Algeria welcomed the adoption of the Children Act in 2015, but was concerned at

the increase in food insecurity and malnutrition, about the impact of austerity measures on

health care, education and social security, and about gender inequality.

77. Andorra welcomed measures aimed at combating domestic, sexual and gender-based

violence through, inter alia, the adoption of the second national strategy thereon. It

appreciated the 2015 draft criminal law protecting children against sexual abuse.

78. Argentina commended Ireland for establishing the Irish Human Rights and Equality

Commission and acknowledged its progress in combating discrimination.

79. Armenia welcomed the establishment of the Irish Human Rights and Equality

Commission, the Court of Appeal and the police reform programme.

80. The delegation of Ireland explained that most children were educated in publicly

funded schools. It was reported that principles of equality were set out in the relevant

enactments and schools’ enrolment policies had to be applied fairly to all applicants.

81. The patronage divestment process created a greater choice of primary schools in

areas where there was insufficient demographic need for new school provision. In areas

with population growth, the process for establishing new schools took account of parental

preferences. Since 2011, 42 new schools had opened, 39 of which had a multi-

denominational ethos. The new Programme for Government included a commitment that

the Government would aim to have 400 multi-denominational or non-denominational

schools by 2030. The Education (Admission to Schools) Bill contained important changes

to make enrolment policies fairer and more transparent.

82. The National Plan for Equity of Access to Higher Education 2015-2019 aimed to

assist underrepresented groups, including members of the Traveller community, to

participate in tertiary education.

83. Since its last review, Ireland had introduced child protection legislation, including

legislation to ensure that criminal convictions or other information giving rise to concern

about someone working with or seeking to work with children was disclosed appropriately.

It was mandatory for persons working with children or vulnerable adults to be vetted. The

defence of reasonable chastisement in relation to corporal punishment had been abolished.

84. The Child and Family Agency had funding of €676 million in 2016 and brought a

dedicated focus to child protection, family support and other key children’s services. It was

responsible for a range of services.

85. Australia welcomed the Irish Human Rights and Equality Commission and its first

strategy statement. Australia commended Ireland for its engagement with civil society,

holding a referendum on children’s rights and progress in improving prison conditions.

86. Azerbaijan was concerned about intolerance and discrimination against non-citizens,

ill-treatment and harassment of minorities and incitement to violence and hate speech

against them, anti-Semitic and Islamophobic manifestations, prison conditions and

domestic and sexual violence against women.

87. Bahrain was concerned about the prevalence of domestic and sexual violence against

women, which remained serious, and women’s underrepresentation in the public and

private sectors.

10 GE.16-12337

88. Bangladesh acknowledged the primacy of the best interests of the child, the

commitment to combating racism and the proposed integration strategy to include an anti-

racism component. Bangladesh echoed the treaty bodies’ concerns about gender inequality,

the situation of the Roma and discriminatory admission policies in schools.

89. Belarus noted the legal and administrative measures Ireland had taken to implement

recommendations from the first review and welcomed the efforts to combat trafficking in

persons.

90. The Plurinational State of Bolivia noted the progress made by Ireland since its first

review and its positive approach to its second review.

91. Bosnia and Herzegovina praised Ireland for its support for human rights education

and encouraged ratification of the Optional Protocol to the International Covenant on

Economic, Social and Cultural Rights and enquired about ending children’s detention in

adult prisons.

92. Botswana commended Ireland for strongly advocating against reprisals, protecting

human rights defenders, promoting civil society space and combating domestic violence.

93. Bulgaria commended Ireland for adopting a strategy on children and young people’s

participation in decision-making and for establishing the Irish Human Rights and Equality

Commission and the Workplace Relations Commission. It encouraged the continued review

of national legislation on access to abortion.

94. Greece commended Ireland for establishing the Irish Human Rights and Equality

Commission, adopting the Children (Amendment) Act 2015 and protecting human rights

defenders.

95. Chad welcomed legal developments in equality and non-discrimination, sexual and

domestic violence, trafficking in persons and abortion, and measures on access to justice,

police reform and criminal justice.

96. Chile praised Ireland for establishing the Irish Human Rights and Equality

Commission and adopting the Marriage Act 2015 and the Equality (Miscellaneous

Provisions) Act 2015.

97. China noted the efforts of Ireland to combat domestic and gender-based violence

and human trafficking, and to promote gender equality. It was concerned about prison

overcrowding, acts of racism and hate crimes, and poor conditions for asylum seekers.

98. Croatia welcomed the new strategy on and the awareness-raising campaigns to stop

domestic, gender-based and sexual violence.

99. Cuba commended Ireland for progress in children’s participation in decision-

making, in universal health care and in education. It noted the treaty bodies’ concerns

regarding gender inequality, the effects of public spending cuts on the most vulnerable in

society and the Protection of Life during Pregnancy Act.

100. Cyprus welcomed the legal measures taken to entrench children’s rights in the

Constitution and enhance their protection under criminal law, and the establishment of the

Irish Human Rights and Equality Commission.

101. The Czech Republic appreciated the comprehensive presentation and the responses

provided to some advance questions.

102. Denmark welcomed the Constitutional changes ensuring the right to marry for same-

sex couples, and the improved prison conditions, although overcrowding issues remained. It

was concerned at the criminalization of abortion and the burdensome requirements for

access to abortion.

GE.16-12337 11

103. Egypt welcomed the draft action plan on combating human trafficking, the criminal

law bill and strengthened measures for juvenile and youth justice. It was concerned at the

negative impact of austerity measures, pervasive gender inequality and domestic and sexual

violence, discriminatory school admission policies, structural discrimination against

Travellers and Roma, and racial crimes and incitement to racial and religious hatred.

104. Finland appreciated the open, broad consultations with civil society and encouraged

continued efforts to promote the protection of economic, social and cultural rights.

105. France welcomed the efforts of Ireland since its first review.

106. Georgia highlighted the establishment of the Irish Human Rights and Equality

Commission and encouraged the continued submission of a midterm implementation report.

Georgia was concerned that Ireland had not ratified some important human rights

instruments.

107. Germany welcomed the lively public discourse on ongoing challenges and the active

participation of civil society in the review process.

108. Ghana commended the establishment of the Irish Human Rights and Equality

Commission and the integration of human rights standards, including respect for equality

and non-discrimination in public institutions. Ghana appreciated initiatives on children’s

access to health care.

109. Canada commended the implementation of marriage equality and encouraged timely

legislative reforms for the ratification of the Convention on the Rights of Persons with

Disabilities.

110. Guatemala acknowledged the commitment of Ireland to promoting and protecting

human rights and its adoption of the International Protection Act 2015.

111. Haiti noted progress in the areas of children’s rights, access to justice, national

minimum wage, universal health coverage and combating domestic violence.

112. Italy noted the efforts of Ireland to strengthen children’s participation in decision-

making and to protect children, women’s rights and women from violence.

113. Iceland highlighted the referendum approving marriage equality, but regretted the

highly restrictive circumstances under which women could lawfully have an abortion in

Ireland and the criminalization of abortion in cases of rape, incest and threat to a woman’s

health.

114. Brazil commended legislation ensuring same-sex marriage and ongoing measures to

ratify the Optional Protocol to the Convention against Torture. Brazil encouraged Ireland to

consider developing programmes to address housing needs, especially those of persons in

vulnerable situations and persons affected by poverty.

115. For Ireland, the universal periodic review was a practical expression of the fact that

human rights were not solely of domestic concern, but a legitimate and important concern

for the international community. Ireland was committed to ongoing improvement in the

protection and promotion of human rights and was convinced that everyone could learn and

benefit from dialogue with other States.

116. Ireland was engaged in a consultative process to identify institutional mechanisms

for the Optional Protocol to the Convention against Torture and would ratify it as soon as

they were agreed and the necessary legislation had been enacted. Significant improvements

had been made to prison accommodation and the practice of “slopping out” in prisons was

being brought to an end.

12 GE.16-12337

117. Ireland stated that it was now a country of significant inward migration and many

migrants had chosen to become Irish citizens. Recently, citizenship ceremonies had been

introduced, providing an important symbolic opportunity for the Irish State to welcome new

citizens and celebrate their membership of the nation.

118. Significant progress had been made in advancing the rights of people with capacity

difficulties. The Assisted Decision-Making (Capacity) Act 2015 was a comprehensive

reform of the law governing people with capacity difficulties.

119. In Ireland, termination of pregnancy was regulated by constitutional and statute law.

The first referendum on the subject, held in 1983, had introduced a new section in article 40

(3) of the Constitution which guaranteed the right to life of the unborn. A second

referendum was held in 1992. The electorate was asked to vote on three proposed

amendments to the Constitution. The twelfth amendment, which was designed to exclude

the risk of suicide as a ground for lawful abortion, was defeated. However, the right to

travel and the right to information were accepted. A third referendum on abortion was held

in 2002 to remove the threat of suicide as a ground for a lawful abortion and thereby restrict

the grounds recognized in the Attorney General v. X case. The proposal was defeated.

120. The Protection of Life During Pregnancy Act 2013 regulated access to lawful

termination of pregnancy in accordance with the X case and the judgment of the European

Court of Human Rights in the case of A, B and C v. Ireland. The Act established procedures

firstly, to ensure that, where lawful termination of pregnancy was under consideration, the

right to life of the unborn child was respected where practicable, and secondly to ensure

that a woman could ascertain by means of a clear process whether she was entitled to the

medical treatment to which the Act applied.

121. The Programme for Government had committed to establish a citizen’s assembly on

the abortion laws, which would make recommendations on further constitutional changes

and the eighth amendment would be considered as part of that work.

122. The National Sexual Health Strategy set out the direction that the Department of

Health and the stakeholders, including those who used the services, wished to take over the

next five years.

123. The Constitutional Convention had considered the incorporation of economic, social

and cultural rights into the Constitution and had recommended that, in principle, the

Constitution should be amended to strengthen the protection of those rights. The

recommendation would be referred to the Oireachtas Committee on Housing and

Homelessness for consideration. The Government had accepted the Constitutional

Convention’s recommendation to remove the offence of blasphemy from the Constitution.

124. The Constitutional Convention had made recommendations on article 41 (2) of the

Constitution, which referred to women in the home. The recommendations had been

examined by a task force and its report would inform the new Government in its

consideration of the issue.

125. In 2016, Ireland would introduce two weeks of paid paternity leave.

126. In 2012, the gender pay gap had been 14.4 per cent compared with a European

Union average of 16.5 per cent. The employment rate for men in 2014 had been 73 per

cent, up from 68 per cent in 2012. The female employment rate had shown a more modest

but significant increase, from 59.4 per cent in 2012 to 61.2 per cent in 2013. The gender

gap in employment rates had almost halved from 16 per cent in 2008 to 9 per cent in 2012,

but had widened slightly since then as male employment had begun to recover relatively

rapidly. The introduction of a national minimum wage had led to an improvement in

relation to the gender pay gap.

GE.16-12337 13

127. Work was ongoing to foster the advancement of women into decision-making roles

and positive action measures aimed at improving their employment opportunities and

economic position. A consultation process on establishing a national women’s strategy

would commence in 2016, including wide-ranging consultation with civil society.

128. A new Traveller and Roma inclusion strategy was being established. A

comprehensive, three-phase consultation process was under way. Phase 1 identified key

themes for the new strategy, and phase 2 identified and agreed high-level objectives under

each agreed theme. The final phase would identify detailed actions to achieve each agreed

objective, with timescales, institutional responsibilities and monitoring arrangements.

129. Ireland had a small Roma population, comprising recent migrants mainly from other

European Union member States and their Irish-born children. They had the same rights as

all other European Union citizens and were fully protected by equality legislation. A Roma

consultative committee, on which members of the Roma community would be represented,

was being established to ensure that their voices and issues were heard at the centre of

Government.

130. A Minister of State for Disabilities had been appointed with a seat at the Cabinet

table and a mandate to ensure greater coherence in service delivery and a real improvement

in the situation of people with disabilities. A new disability inclusion strategy was being

developed on the basis of a comprehensive consultation process, and should be in place in

2016.

131. Ireland was committed to ratifying the Convention on the Rights of Persons with

Disabilities. It was anticipated that the necessary legislation would be published soon and

would be enacted to allow for ratification by the end of 2016. Ireland would ratify the

Optional Protocol to the Convention at the same time.

132. Legislation would be introduced to remove the current exemption allowing for

underage marriage.

133. There was no lack of legal certainty in relation to surnames for any children in

Ireland.

134. Ireland thanked delegations for their comments and recommendations and

committed to submitting a voluntary interim report in 2018 or 2019.

II. Conclusions and/or recommendations

135. The recommendations formulated during the interactive dialogue have been

examined by Ireland and enjoy the support of Ireland:

135.1 Ensure the ratification of the recently signed human rights

conventions (Romania);

135.2 Accede to the Convention on the Rights of Persons with

Disabilities and the International Convention for the Protection of All Persons

from Enforced Disappearance (Sierra Leone);

135.3 Expedite the process that will lead to the ratification of the

Optional Protocol to the Convention against Torture, as well as the Optional

Protocol to the Convention on the Rights of Persons with Disabilities

(Mozambique);

** The conclusions and recommendations have not been edited.

14 GE.16-12337

135.4 Ratify the Optional Protocol to the Convention on the Rights of

the Child on the sale of children, child prostitution and child pornography and

the Convention on the Rights of Persons with Disabilities (Islamic Republic of

Iran);

135.5 Ratify the Convention on the Rights of Persons with Disabilities,

the Optional Protocol to the Convention against Torture and the Optional

Protocol to the Convention on the Rights of the Child on the sale of children,

child prostitution and child pornography (Georgia);

135.6 Ratify the Convention on the Rights of Persons with Disabilities

and the Optional Protocol to the International Covenant on Economic, Social

and Cultural Rights (Spain);

135.7 Ratify the Optional Protocol to the International Covenant on

Economic, Social and Cultural Rights (Portugal);

135.8 Intensify efforts to ratify the Optional Protocol to the Convention

against Torture to further foster the rights of liberty-deprived persons

(Croatia);

135.9 Take action towards the ratification of the Optional Protocol to

the Convention against Torture and set up a national prevention mechanism

(Bosnia and Herzegovina);

135.10 Accede to the Optional Protocol to the Convention against

Torture and establish a national preventive mechanism meeting the guidelines

and requirements as set out in this instrument (Netherlands);

135.11 Establish a national preventive mechanism and prompt

ratification of the Optional Protocol to the Convention against Torture

(Hungary);

135.12 Without further delay, ratify the Optional Protocol to the

Convention against Torture and initiate the process of establishing a National

Preventive Mechanism (Denmark);

135.13 Ratify the Optional Protocol to the Convention against Torture

and establish a national preventive mechanism under the Optional Protocol

(Bulgaria);

135.14 Complete as a matter of priority and before its third universal

periodic review the process leading to the ratification of the Optional Protocol

to the Convention against Torture and establish a national preventive

mechanism without delay (Czech Republic);

135.15 Ratify the Optional Protocol to the Convention against Torture

and set up a national preventive mechanism in the framework of the criteria

and safeguards provided by this instrument, as previously recommended

(Switzerland);

135.16 Conclude swiftly the process of the ratification of the Optional

Protocol to the Convention against Torture (Portugal);

135.17 Ratify the Optional Protocol to the Convention against Torture

(Poland);

135.18 Ratify the Optional Protocol (Lebanon);

135.19 Ratify the Optional Protocol (Norway);

GE.16-12337 15

135.20 Ratify the Optional Protocol (Ukraine);

135.21 Ratify the Optional Protocol (Uruguay);

135.22 Ratify the Optional Protocol (France);

135.23 Ratify the Optional Protocol (Germany);

135.24 Ratify the Optional Protocol (Guatemala);

135.25 Proceed with the ratification of the Optional Protocol to the

Convention against Torture (Togo);

135.26 Accede to the Optional Protocol to the Convention on the Rights

of the Child on the sale of children, child prostitution and child pornography

(Panama);

135.27 Ratify the Optional Protocol to the Convention on the Rights of

the Child on the sale of children, child prostitution and child pornography

(Senegal);

135.28 Ratify the Optional Protocol (Uruguay);

135.29 Ratify the Optional Protocol (Andorra);

135.30 Ratify the Optional Protocol to the Convention on the Rights of

the Child on the sale of children, child prostitution and child pornography

signed in 2000 (Czech Republic);

135.31 Ratify the Optional Protocol (Finland);

135.32 Ratify the Optional Protocol (France);

135.33 Ratify the Optional Protocol (Guatemala);

135.34 Proceed with the ratification of the Optional Protocol to the

Convention on the Rights of the Child on the sale of children, child prostitution

and child pornography (Togo);

135.35 Ratify the International Convention for the Protection of All

Persons from Enforced Disappearance (Morocco);

135.36 Become a State party to the International Convention for the

Protection of All Persons from Enforced Disappearance (Slovakia);

135.37 Ratify the International Convention for the Protection of All

Persons from Enforced Disappearance (France);

135.38 Ratify the Convention (Ghana);

135.39 Proceed with the ratification of the International Convention for

the Protection of All Persons from Enforced Disappearance (Togo);

135.40 Ratify the Convention on the Rights of Persons with Disabilities

(Pakistan);

135.41 Ratify the Convention (Israel);

135.42 Ratify the Convention (Montenegro);

135.43 Ratify the Convention on the Rights of Persons with Disabilities,

which Ireland signed on 29 March 2007 (New Zealand);

135.44 Ratify the Convention (Ghana);

135.45 Ratify the Convention (Poland);

16 GE.16-12337

135.46 Ratify the Convention (Sudan);

135.47 Ratify the Convention (Ukraine);

135.48 Ratify the Convention (Uruguay);

135.49 Ratify the Convention (Bulgaria);

135.50 Ratify the Convention (France);

135.51 Ratify the Convention (Guatemala);

135.52 Ratify the Convention (Italy);

135.53 Ratify the Convention (Brazil);

135.54 Become a State party to the Convention on the Rights of Persons

with Disabilities (Slovakia);

135.55 Step up its efforts to ratify the Convention on the Rights of

Persons with Disabilities (Republic of Korea);

135.56 Ratify promptly the Convention on the Rights of Persons with

Disabilities (Australia);

135.57 Ratify the Convention on the Rights of Persons with Disabilities as

soon as possible (China);

135.58 Ratify the Convention on the Rights of Persons with Disabilities

without further delay (Germany);

135.59 Pass the necessary legislation as soon as possible to enable the

ratification of the Convention on the Rights of Persons with Disabilities

(Hungary);

135.60 Accelerate the process towards ratification of the Convention on

the Rights of Persons with Disabilities (Philippines);

135.61 Take concrete steps to ratify the Convention on the Rights of

Persons with Disabilities and effectively implement policies and programmes to

ensure the full enjoyment of all related rights (Canada);

135.62 Continue the efforts to ratify the Convention on the Rights of

Persons with Disabilities (Iraq);

135.63 Finalise the consideration to become a party to the Convention on

the Rights of Persons with Disabilities (Malaysia);

135.64 Continue making progress towards the ratification of the

Convention on the Rights of Persons with Disabilities (Bolivarian Republic of

Venezuela);

135.65 Ratify the Convention on the Rights of Persons with Disabilities

and prioritize measures to further strengthen the existing framework, including

to increase the meaningful participation of the persons with disabilities in

policy making (Indonesia);

135.66 Accede to the Convention on the Rights of Persons with

Disabilities while bringing the Mental Health Act 2001 into line with the

provisions of this Convention (Qatar);

135.67 Continue to address outstanding barriers to ratification of the

Convention on the Rights of Persons with Disabilities, including legislative

GE.16-12337 17

changes that need to be undertaken in view of enabling ratification (State of

Palestine);

135.68 Expedite the necessary legislative reforms and set a concrete

timeline towards ratification of the Convention on the Rights of Persons with

Disabilities (Thailand);

135.69 Proceed with the ratification of the Convention on the Rights of

Persons with Disabilities and its Optional Protocol (Togo);

135.70 Accelerate the ratification of the Convention on the Rights of

Persons with Disabilities to strengthen the protection of persons with

disabilities, and to further improve their role in the society (Croatia);

135.71 Ratify the Council of Europe Convention on Preventing and

Combating Violence against Women and Domestic Violence (Portugal);

135.72 Ratify the Council of Europe Convention on Preventing and

Combating Violence against Women and Domestic Violence (Andorra);

135.73 Ratify the Council of Europe Convention on Preventing and

Combating Violence against Women and Domestic Violence (Italy);

135.74 Finalize the ratification process of the Council of Europe’s

Convention on Preventing and Combating Violence against Women and

Domestic Violence (Turkey);

135.75 Ratify the Council of Europe Convention on Preventing and

Combating Violence against Women and Domestic Violence in a timely manner

(Bosnia and Herzegovina);

135.76 Strengthen human rights education plans oriented towards

women’s rights, rights of the child and freedom of religion (Panama);

135.77 Continue implementing human rights education towards children

and women’s rights (Timor-Leste);

135.78 Further continue the implementation of human rights education

towards women and children’s rights (Greece);

135.79 Provide effective human rights education and training for

enforcement officials, including prison guards, and take appropriate actions

against human rights violations committed by public actors (Malaysia);

135.80 Continue human rights education programmes, including in

relation to the prevention of genocide and crimes against humanity through the

studies of those crimes committed in the past (Armenia);

135.81 Implement public awareness campaigns to promote tolerance and

respect for cultural diversity (United Arab Emirates);

135.82 Submit its two overdue reports to the Committee on the

Elimination of Racial Discrimination (Sierra Leone);

135.83 Amend the provisions of the Law on the Ombudsman for

Children, that impedes the Ombudsman from investigating the claims of

children that find themselves in a situation of irregular migration (Honduras);

135.84 Provide the Child and Family Agency with adequate resources to

be able to meet its targets and effectively implement the Children First Act

(Slovakia);

18 GE.16-12337

135.85 Continue implementing the National Strategy on Children and

Young People’s participation in Decision-making 2015-2020 (Sudan);

135.86 Put an end to corporal punishment in all settings (Honduras);

135.87 Guarantee the closure of the Saint Patrick’s Institution and the

effective implementation of the Children (Amendment) Act of 2015 and the

Prisons Act of 2015 (Israel);

135.88 Eliminate all exceptions permitting the marriage of minors under

18 (Honduras);

135.89 Remove all exceptions that allow marriage under the age of 18

years (Egypt);

135.90 Ensure that the rights of the child are fully respected in

accordance with the Convention on the Rights of the Child, in particular its

article 20 when deciding on appointment of a guardian or trustee (Latvia);

135.91 Continue to take actions to address the issue of gender pay gap,

improve the access to decent work for marginalized women, and ensure

adequate social protection system for women in vulnerable situations

(Malaysia);

135.92 Continue to make efforts to ensure women’s participation in

political life and in decision-making (Pakistan);

135.93 Adopt effective measures to increase the representation of women

in the public and private sectors, especially in decision-making posts (Panama);

135.94 Scale up effective measures to further increase women’s

representation and their meaningful participation in decision-making level in

the public and private sectors (Indonesia);

135.95 Take all measures to effectively combat all forms of violence and

discrimination against women (France);

135.96 Strengthen measures to combat domestic and sexual violence

against women (India);

135.97 Strengthen efforts to combat and prevent domestic and sexual

violence against women (Azerbaijan);

135.98 Undertake the necessary steps to strengthen its response to

domestic violence as recommended by the Committee on Economic, Social and

Cultural Rights (Thailand);

135.99 Speed up the process of approval of the new Domestic Violence

Bill (Israel);

135.100 Continue efforts to finalize and then, of course, adopt a Domestic

Violence Act (Maldives);

135.101 Introduce a domestic violence bill to address domestic and sexual

violence against women (Ghana);

135.102 Adopt and implement the Domestic Violence Bill (Republic of

Moldova);

135.103 Renew the national plan of action against racism or elaborate a

new one, always in collaboration with civil society (Spain);

GE.16-12337 19

135.104 Reinforce the policies for the protection against racism, renewing

the National Action Plan against Racism (2005-2008) (Holy See);

135.105 Conduct more active policy against racial discrimination,

including putting in place a robust mechanism against racism (Kyrgyzstan);

135.106 Put in place a robust mechanism in order to put an end to racism,

racial discrimination and related intolerance, especially against Muslim people

and people of African origin (Islamic Republic of Iran);

135.107 Establish a robust mechanism to monitor all incidents of racism

and implement measures to combat them more effectively (Cuba);

135.108 Continue to deepen awareness-raising measures against racism

and xenophobia, particularly with regard to migrants and refugees

(Argentina);

135.109 Combat racism and all forms of discrimination through education

and awareness-raising initiatives and follow-up to cases of racism at the

national level (Plurinational State of Bolivia);

135.110 Complete the processes it is undertaking regarding anti-racism

(Kenya);

135.111 Pursue efforts to combat racism (Morocco);

135.112 Continue its efforts to combat racism and xenophobia incidents

(Lebanon);

135.113 Ensure the full implementation of its national legislation, with a

view to combating racism and xenophobia (Romania);

135.114 Have further legal procedures to combat racial discrimination

and develop a plan to combat racism, as recommended by the Committee on

the Rights of the Child (Bahrain);

135.115 Combat hate speech and prosecute perpetrators of xenophobic

acts (Pakistan);

135.116 Ensure accountability for hate crimes (Israel);

135.117 Take measures to eliminate racial discrimination and combat hate

crime (China);

135.118 Strengthen measures to counter the use of racial discrimination

and Islamophobia discourse in politics and in the media (United Arab

Emirates);

135.119 Take further steps to address discrimination of lesbian, gay,

bisexual, transgender and intersex persons in access to goods, employment and

services, including healthcare (Denmark);

135.120 Investigate all cases of abuse of office by the officials of the

penitentiary institutions (Russian Federation);

135.121 Continue with its efforts to bring incarceration facilities into line

with international standards, especially regarding overcrowding, cell sanitation

and the separation of young prisoners (Holy See);

135.122 Improve prison conditions, including addressing overcrowding;

investigate all cases of torture and ill-treatment by prison staff in an impartial

manner and prosecute those responsible (Azerbaijan);

20 GE.16-12337

135.123 Continue to improve the living conditions and the treatment of

detainees and address prison overcrowding (China);

135.124 Adopt the necessary measures to ensure the reduction of

overcrowding and the improvement of prison conditions (Cuba);

135.125 Ensure complete separation of remand and sentenced prisoners,

juvenile and adult prisoners and detained immigrants (Egypt);

135.126 Continue its efforts, at national and international levels, towards

the protection and promotion of the civil society space (Armenia);

135.127 Continue to promote pluralism (Bangladesh);

135.128 Continue to take effective measures to safeguard the rights and

status of the unemployed and vulnerable groups, through focused social

assistance and income support (Sri Lanka);

135.129 Conduct targeted/focused policy of social support to the

population in need, especially children (Belarus);

135.130 Take the necessary steps in order to increase the availability of

social housing and emergency housing support and to adopt appropriate

measures to solve the long-term needs (Turkey);

135.131 Adopt measures to decrease the number of homeless persons,

including through the availability of social housing (Portugal);

135.132 Take all necessary legislative and policy measures to provide

access to affordable housing with a view to ending long-term involuntary

homelessness (Singapore);

135.133 Continue with its efforts to guarantee the Government’s

commitment to a housing-led approach to end long-term involuntary

homelessness (Holy See);

135.134 Continue with efforts to implement necessary measures with a

view to end long-term involuntary homelessness (Montenegro);

135.135 Take measures to strengthen support institutions for homeless

persons, including pregnant women left without housing (Russian Federation);

135.136 Conduct consultations involving all stakeholders, including civil

society organisations, in order to examine whether article 40.3.3 of the

Constitution could be revised and the legal framework related to abortion

broadened (Switzerland);

135.137 Make sure all women and young girls have easy access to

information on crisis pregnancy options by health-providers (Sweden);

135.138 Wider availability of multi-denominational and non-

denominational schools to better cater to the multi-cultural society in Ireland

today (India);

135.139 Establish a system providing children and their parents the real

opportunity to choose from among religious, multi-denominational or non-

denominational types of schooling and curricula (Czech Republic);

135.140 Ensure that all children have the option to attend a non-

denominational school at no extra cost (Slovenia);

GE.16-12337 21

135.141 Step up efforts to promote to ensure equal opportunities for all

children to quality education (Philippines);

135.142 Step up efforts towards a more inclusive education system,

especially by focusing on special education needs (Turkey);

135.143 Continue to improve employment opportunities and remove

barriers to employment for persons with disabilities (Singapore);

135.144 Continue to strengthen the basic rights and non-discrimination of

the Roma and Travellers (Chile);

135.145 Adopt a progressive Traveller Roma inclusion strategy with clear

goals; indicators; timeframes; and budget in consultation with affected groups

(India);

135.146 Activate the policies of integration of Travellers and Roma in all

social, economic, cultural, political, educational and other spheres (Lebanon);

135.147 Give special emphasis to employment, access to health care and

the right to housing in the application of the national strategy on the inclusion

of Travellers and Roma (Spain);

135.148 Apply international standards relating to the treatment of

refugees and asylum seekers, provide them with adequate services and speed up

the processing of their application (Qatar);

135.149 Establish measures to respond more effectively to requests for

refuge (Plurinational State of Bolivia);

135.150 Continue its efforts to adopt the National Action Plan to Prevent

and Combat Human Trafficking (Sudan);

135.151 Speed up the adoption of a national plan of action to prevent and

combat trafficking in persons (Belarus);

135.152 Continue to increase development aid to reach the target of 0.7%

GDP as this will increase the ability of aid recipients to achieve the right to

development and protect and promote human rights (Kenya).

136. The following recommendations will be examined by Ireland which will provide

responses in due time, but no later than the thirty-third session of the Human Rights

Council, in September 2016:

136.1 Consider ratifying those international human rights instruments

to which it is not yet a party (Plurinational State of Bolivia);

136.2 Accede to the Optional Protocol to the Convention on the Rights

of the Child on the sale of children, child prostitution and child pornography,

the International Convention on the Protection of the Rights of All Migrant

Workers and Members of Their Families, the Convention on the Rights of

Persons with Disabilities, the International Convention for the Protection of All

Persons from Enforced Disappearance and the Convention against

Discrimination in Education (Honduras);

136.3 Ratify the Convention on the Rights of Persons with Disabilities,

the International Convention on the Protection of the Rights of All Migrant

Workers and Members of Their Families and the Optional Protocol to the

Convention on the Rights of the Child on the sale of children, child prostitution

and child pornography, as a matter of priority (Egypt);

22 GE.16-12337

136.4 Ratify the Convention on the Rights of Persons with Disabilities,

the Optional Protocol to the Convention against Torture and the International

Convention on the Protection of the Rights of All Migrant Workers and

Members of Their Families (Azerbaijan);

136.5 Ratify the Convention on the Rights of Persons with Disabilities,

the Optional Protocol to the Convention against Torture and the ILO

Convention 169 (Paraguay);

136.6 Accede to the main international human rights instruments to

which the country is not yet a party, in particular the International Convention

for the Protection of All Persons from Enforced Disappearance (Argentina);

136.7 Ratify the Optional Protocol to the International Covenant on

Economic, Social and Cultural Rights and accept the competence of the

Committee as regards the inquiry procedure and inter-State communications

(Finland);

136.8 Further accelerate the efforts to strengthen the legal framework

to protect the rights of migrants, including by considering to ratify the

International Convention on the Protection of the Rights of All Migrant

Workers and Members of Their Families (Indonesia);

136.9 Ratify as soon as possible the Convention on the Rights of Persons

with Disabilities, without any reservation (Sweden);

136.10 Ratify the Convention on the Rights of Persons with Disabilities

and fully implement the Education for Persons with Special Educational Needs

Act 2004 as soon as possible (United Kingdom of Great Britain and Northern

Ireland);

136.11 Repeal Articles 42.1 and 40.3.3 of the Constitution (Slovenia);

136.12 Take additional measures aimed at achieving the gender equality,

including amendment to the Constitution on the role and status of women in

Irish society (Kyrgyzstan);

136.13 Amend article 41(2) of the Constitution on the role and status of

women in order to render its provisions gender-equal (Turkey);

136.14 Amend article 41(2) of the Constitution on the role and status of

women by moving to a more gender-neutral wording of the article (Iceland);

136.15 Further strengthen women’s rights and review Articles 40 and 41

of the Irish constitution with a view to abandon formulations that potentially

promote gender discrimination and to bring Ireland’s laws on abortion into

compliance with international human rights standards in law and in practice

(Germany);

136.16 Establish a Constitutional Convention on article 40.3.3 of the

Constitution with the aim to remove all restrictive legislation on abortion

(Netherlands);

136.17 Revise its legislation on abortion, including its Constitution, to

provide for additional exceptions in cases of rape, incest or serious risks to the

health of the mother, building on the recommendation from the Human Rights

Committee (Norway);

GE.16-12337 23

136.18 Repeal legislation that criminalizes abortion and eliminate all

punitive measures, in particular article 40.3.3 of the Irish Constitution

(Iceland);

136.19 Take forward the democratic process of repealing the Eighth

Amendment of the Irish Constitution with a clear timeline, and take all

necessary steps to decriminalise abortion in all circumstances, in accordance

with the recommendations of the Human Rights Committee, the Committee on

Economic, Social and Cultural Rights and the Committee on the Rights of the

Child (Denmark);

136.20 Consider creating a dedicated overarching Parliamentary

Committee on Human Rights and Equality (United Kingdom of Great Britain

and Northern Ireland);

136.21 Strengthen the consultation mechanism, especially in terms of

economic, social and cultural rights (Poland);

136.22 Adopt a National Human Rights Action Plan and continue

consultations towards this end with stakeholders (Kenya);

136.23 Adopt a national plan of action on human rights (South Africa);

136.24 Adopt a comprehensive national human rights action plan

(Sudan);

136.25 Encourage the development of a National Action Plan on human

rights (Greece);

136.26 Undertake measures to eliminate stigmatization and

discrimination against children born out of wedlock by providing legal

certainty in respect of their family name (Namibia);

136.27 Reinstate the age of criminal responsibility of 14 years of age as

prescribed in the Children’s Act (Botswana);

136.28 Raise the age of criminal responsibility to 18 years for all types of

offenses (Haiti);

136.29 Ratify the Convention on the Rights of Persons with Disabilities

and ratify the Optional Protocol to the Convention on the Rights of Persons

with Disabilities and adopt a legislation on gender pay equity and abolish

religious discrimination in the schools (Saudi Arabia);

136.30 Adopt a comprehensive anti-discrimination legislation that

includes all grounds set out in the International Covenant on Economic, Social

and Cultural Rights (India);

136.31 Adopt comprehensive anti-discrimination legislation that includes

all the grounds for discrimination (Israel);

136.32 Adopt comprehensive anti-discrimination legislation that includes

all the grounds for discrimination (South Africa);

136.33 Close the gender pay gap (Algeria);

136.34 Take effective measures to increase women’s representation in

decision-making positions and close the pay gap (Bangladesh);

136.35 Take effective measures to increase women’s representation in

decision-making positions in all areas, close the gender pay gap and eliminate

24 GE.16-12337

strong gender role stereotypes and ensure that all women workers benefit from

the maternity benefits scheme (Namibia);

136.36 Introduce a domestic violence bill, improve data collection on

domestic violence and strengthen support services, including shelters and legal

aid, for victims (Lithuania);

136.37 Adopt the draft law on domestic and sexual violence against

women, and strengthen support services in shelters and legal assistance to the

victims (Uruguay);

136.38 Finalise the adoption of the Domestic Violence Bill and ensure

that perpetrators of domestic violence are held to account (Botswana);

136.39 Provide shelters and legal aid to victims of domestic violence, and

submit a draft law on domestic violence (Bahrain);

136.40 Collect accurate statistics of cases of domestic violence against

women, as well as strengthen support services to victims of domestic violence,

including shelters and legal aid services (Russian Federation);

136.41 Improve protection of victims of domestic violence, including by

providing with shelter and legal aid (Republic of Moldova);

136.42 Continue to strengthen policies and programmes to combat

domestic and sexual violence against women, including a system of

psychological, legal and physical support for the victims (Chile);

136.43 Adopt immediately legislation that prohibits racial discrimination,

as previously recommended (Mexico);

136.44 Step up measures to combat acts of racism by the law

enforcement bodies, including against Travellers (Russian Federation);

136.45 Establish acts with racist motivation as a criminal offences

(Spain);

136.46 Take effective steps to address racism and xenophobia and

incorporate the provisions of the International Convention on the Elimination

of All Forms of Racial Discrimination into its domestic legislation, to raise

awareness and promote tolerance in society and to ensure that violent acts,

discrimination and hate speech are systemically investigated and the alleged

perpetrators prosecuted (Azerbaijan);

136.47 Develop a legislation that sets the line between freedom of

expression and hate speech and set up a strong mechanism to monitor all

manifestations of intolerance, racism, xenophobia especially against Muslims

(Saudi Arabia);

136.48 Continue measures to protect the rights of migrant workers,

including combatting racism, xenophobia and religious intolerance, and as

further gesture of its commitment, consider ratifying the International

Convention on the Protection of the Rights of All Migrant Workers and

Members of Their Families (Sri Lanka);

136.49 Continue legislating so that there is no discrimination against

lesbian, gay, bisexual, transgender and intersex persons in the field of pensions

(Spain);

136.50 Implement the recommendations arising from the Office of the

Inspector of Prisons’ review of the Irish Prison Service (Australia);

GE.16-12337 25

136.51 Conduct comprehensive investigation related to reports by human

rights non-governmental organisations about abuses in child care institutions

and homes for mothers and children, as well as practices of forced labour in so-

called ‘Magdalene laundries’ (Russian Federation);

136.52 Provide protection of the family as the natural and fundamental

unit of the society (Egypt);

136.53 Repeal the constitutional and legislative provisions criminalizing

the offense of blasphemy, these provisions could constitute an excessive

limitation to the freedom of expression (France);

136.54 Take necessary steps to amend its legislation on freedom of

expression and remove prohibition of blasphemy in line with the International

Covenant on Civil and Political Rights, article 19, and the Human Rights

Committee’s General Comment 34, and the Venice Commission’s

recommendation (Sweden);

136.55 Continue consolidating and increasing its national social inclusion

programmes (Bolivarian Republic of Venezuela);

136.56 Implement and support the particular government programmes

of social integration and community activation (Iraq);

136.57 Continue strengthening its sound social policies in order to

improve the quality of life of its people with an emphasis on vulnerable groups,

in particular ethnic, racial and cultural minorities (Bolivarian Republic of

Venezuela);

136.58 Launch measures to promote and protect the rights of peasants

and other people who work in rural areas (Plurinational State of Bolivia);

136.59 Expedite the adoption of a national action plan on food security

and nutrition (Algeria);

136.60 Develop and strengthen financially the state-sponsored legal aid

framework, so that lawyers avoid cases of evictions from social housing (Haiti);

136.61 Strengthen the policies of supplementary payments of income and

housing assistance, in order to avoid more families being unable to pay their

mortgages (Chile);

136.62 Set up an inclusive system for access to quality health care for all

social categories, in particular disadvantaged and marginalized groups, in

consultation with concerned communities and stakeholders (Haiti);

136.63 Put into effect its undertaking of previous commitment to

implement this year, in strengthening the free health care sector to include all

children under the age of twelve (Libya);

136.64 Ensure availability of safe abortions, at a minimum in cases where

the pregnancy is the result of rape or incest and in cases of severe and fatal

foetal impairment (Iceland);

136.65 Take all necessary steps to revise the Protection of Life During

Pregnancy Act 2013 in line with International Human Rights standards (India);

136.66 Amend the Protection of Life During Pregnancy Act 2013 that the

women interests and health are better protected, especially in instances where

the pregnancy resulted from rape or incest, or in cases of severe foetal

impairment (Lithuania);

26 GE.16-12337

136.67 Consider revising its relevant legislation on abortion in line with

international human rights standards on sexual and reproductive health and

rights (Republic of Korea);

136.68 Broaden through an inclusive public debate the access to abortion

for pregnant women, in particular in cases of threat to health, rape and incest

(Czech Republic);

136.69 Take the necessary steps aimed at revising the relevant legislation

with a view to decriminalize abortion within reasonable gestational limits (the

former Yugoslav Republic of Macedonia);

136.70 Ensure the full right for women to abortion and implement the

decisions of the European Court of Human Rights regarding this right

(Slovakia);

136.71 Take necessary steps to revise its legislation on abortion and

provide for clear exceptions, in line with international human rights law and

standards, so as to ensure the right to abortion in cases of rape and incest, as

well as cases entailing serious risks to the health of the mother or fatal foetal

abnormality (Sweden);

136.72 Decriminalize abortion in all circumstances and, as a minimum,

ensure access to safe abortion also in cases of rape, incest, serious risks to the

health of the mother and fatal foetal abnormality (Slovenia);

136.73 Review the law on abortion to expand the circumstances in which

it can be carried out (Uruguay);

136.74 Adopt a comprehensive sexual and reproductive health policy for

adolescents and ensure that sexual and reproductive health education is a part

of the mandatory school curricula and targeted at adolescents (Lithuania);

136.75 Ensure that the new system of universal health care guarantees

availability and access to services to boys and girls and contraception methods

to adolescents, while allowing access to these services in general without

discrimination on any grounds (Mexico);

136.76 Adopt a comprehensive sexual and reproductive health policy for

adolescents and ensure that sexual and reproductive health education is part of

the mandatory school curriculum and targeted at adolescent girls and boys,

with special attention on preventing early pregnancy and sexually transmitted

infections (New Zealand);

136.77 Identify and address gaps in reproductive health legislation to

ensure the protection of women’s sexual and reproductive health and rights

(United States of America);

136.78 Take all necessary measures to ensure the full respect of sexual

and reproductive rights (France);

136.79 Protect and promote reproductive rights without any

discrimination, recognising reproductive rights include the right to the highest

attainable standard of sexual and reproductive health, the right of all to decide

freely and responsibly the number, spacing and timing of their children, as well

as decide on matters related to their sexuality, and to have the information and

means to do so free from discrimination, violence or coercion (Canada);

GE.16-12337 27

136.80 Review and amend laws, as appropriate, to ensure that publically-

funded schools provide equal access to education for all, irrespective of one’s

faith or religious affiliation (United States of America);

136.81 Undertake thorough consultations with persons with disabilities,

representatives and labour organisations, and civil society prior to entering any

reservation to article 27 of the Convention on the Rights of Persons with

Disabilities upon ratification, with respect to reasonable accommodation

(Canada);

136.82 Achieve the implementation of the national strategy for persons

with disabilities and introduce a legal regime of subsidized transport for

persons with disabilities (Haiti);

136.83 Conduct and finalize a timely review of the request for recognition

of the Travellers as an ethnic group (United States of America);

136.84 Take concrete measures for the issuance of medical cards in

Traveller and Roma communities, to guarantee that such children enjoy the

same access to and quality of health-care services as others (Islamic Republic of

Iran);

136.85 Strengthen measures to eliminate discrimination against Roma

and children on the basis of religion in health and education sectors

(Bangladesh);

136.86 Introduce measures to improve the living standards of Travellers

in society and ensure the legislation in place does not hinder their nomadic

customs and practices (Turkey);

136.87 Continue giving the broadest possible scope, flexibility and

coverage to its immigration policy (Bolivarian Republic of Venezuela);

136.88 Ensure that the legislation that provides individual consideration

of the status of refugee includes the provision of sufficient resources for its

implementation in order to avoid delays in the effective determination of the

requests for the concession of refugee status (Mexico);

136.89 Improve the protection of refugees, migrants and asylum seekers

and improve their living conditions and access to social security and guarantee

other human rights (China);

136.90 Ensure family reunification and the conditions of the reception of

refugees and asylum-seekers, in the implementation of the Law on

International Protection, are in accordance with international law

(Guatemala);

136.91 Accelerate the entry into force of the new programme for the

protection of refugees and ensure that it guarantees the protection of the best

interest of the child and fully complies with international standards regarding

unaccompanied migrant children and family reunification (Mexico);

136.92 Amend the General Scheme of the International Protection Bill to

address family reunification, best interests of the child and the legal framework

of reception conditions (Egypt);

136.93 Address concerns about family reunification and the best interests

of the child in its legislation on refugees (Brazil);

28 GE.16-12337

136.94 Modify the administrative provisions on immigration to protect

the victims of trafficking of persons and integrate the prevention of trafficking

in persons into the policies for asylum seekers (Honduras);

136.95 Continue efforts to pass legislation to combat human trafficking

in the form of sham marriages (Latvia);

136.96 Take steps to move towards increased renewable energy

production, in-line with their pledges on Climate Action (Maldives);

136.97 Ensure that its policies, legislation, regulations and enforcement

measures effectively serve to prevent and address the heightened risk of

business involvement in abuses in conflict situations, which includes situations

of foreign occupation (State of Palestine).

137. The recommendations below did not enjoy the support of Ireland and would

thus be noted:

137.1 Withdraw its reservation on pertinent articles of the International

Convention on the Elimination of All Forms of Racial Discrimination, the

International Covenant on Economic, Social and Cultural Rights, the

International Covenant on Civil and Political Rights and the Optional Protocol

to the Convention on the Rights of the Child on armed conflict (South Africa);

137.2 Accede to the International Convention on the Protection of the

Rights of All Migrant Workers and Members of Their Families (Turkey);

137.3 Accede to the Convention (Chile);

137.4 Consider ratifying the Convention (Philippines);

137.5 Ratify the Convention (Morocco);

137.6 Ratify the Convention (Senegal);

137.7 Ratify the Convention (Timor-Leste);

137.8 Ratify the Convention (Algeria);

137.9 Ratify the Convention (Ghana);

137.10 Ratify the Convention (Guatemala);

137.11 Avoid maintaining special criminal courts in its penal legislation

(Paraguay);

137.12 Study the possibility of mitigating the negative impact of budget

cuts on access to health and an adequate standard of living (Paraguay);

137.13 Consider establishing an adequate policy for a universal basic

income for all its citizens (Haiti).

138. 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 Working Group as a whole.

GE.16-12337 29

Annex

Composition of the delegation

The delegation of Ireland was headed by Ms. Frances Fitzgerald, Tánaiste and

Minister of Justice and Equality, T.D., and composed of the following members:

• H.E. Ambassador Patricia O’ Brien, Permanent Representative of Ireland to the

United Nations Office, Geneva

• Ms. Marion Mannion, Special Adviser to the Minister, Department of Justice and

Equality, Dublin, Ireland

• Mr. Stephen O’Shea, Special Adviser to the Minister, Department of Justice and

Equality, Dublin, Ireland

• Mr. Chris Quattrociocchi, Private Secretary to the Minister, Department of Justice

and Equality, Dublin, Ireland

• Ms. Carol Baxter, Assistant Secretary, Head of Asylum Services, Integration and

Equality, Department of Justice and Equality, Dublin, Ireland

• Ms. Michelle Shannon, Director, Youth Justice, Adoption and Legal Division,

Department of Children and Youth Affairs, Dublin, Ireland

• Mr. Deaglán Ó Briain, Principal Officer, Equality Division, Department of Justice

and Equality, Dublin, Ireland

• Mr. Eugene Banks, Principal Officer, Reception and Integration Agency,

Department of Justice and Equality, Dublin, Ireland

• Mr. Brian Kenny, Principal Officer, Homelessness and Housing Inclusion Supports,

Department of Environment, Community and Local Government, Dublin, Ireland

• Ms. Mary O’Sullivan, Principal Officer, European Union/ International Division,

Department of Social Protection, Dublin, Ireland

• Mr. Gavan O’Leary, Principal Officer, Central Policy Unit, Department of

Education and Skills, Dublin, Ireland

• Mr. Kieran Smyth, Principal Officer, International Division, Department of Health,

Dublin, Ireland

• Ms. Geraldine Luddy, Principal Officer, Tobacco and Alcohol Unit, Department of

Health, Dublin, Ireland

• Ms. Brídín O’Donoghue, Legal Counsellor, Department of Foreign Affairs and

Trade, Dublin, Ireland

• Mr. Niall Colgan, Press Officer, Department of Justice and Equality, Dublin, Ireland

• Ms. Nuala Ní Mhuircheartaigh, Deputy Permanent Representative (Human Rights)

of Ireland to the United Nations, Geneva (Delegate)

• Ms. Caroline Phelan, Deputy Director of Human Rights Unit, Department of

Foreign Affairs and Trade, Dublin, Ireland

• Ms. Layla de Cogan Chin, Assistant Principal, Equality Division, Department of

Justice and Equality, Dublin, Ireland

30 GE.16-12337

• Ms. Janet Lacey, Assistant Principal, Restorative Justice Implementation Unit,

Department of Justice and Equality, Dublin, Ireland

• Ms. Sarah Rose Flynn, Assistant Principal, International Division, Department of

Health, Dublin, Ireland

• Ms. Caroline Sellars, Administrative Officer, Equality Division, Department of

Justice and Equality, Dublin, Ireland

• Ms. Theodora Castan, Attaché, Permanent Representation of Ireland to the United

Nations, Geneva (Delegate)

• Ms. Liath Vaughan, Intern, Equality Division, Department of Justice and Equality,

Dublin, Ireland