The Free Legal Advice Centres (FLAC) has welcomed the report of the UN independent expert, Magdalena Sepúlveda Carmona, on the question of human rights and extreme poverty in Ireland. Following her visit to Ireland in January, Ms. Sepúlveda commented "Human rights are not dispensable and cannot be disregarded in times of economic uncertainty. On the contrary, these are times in which people become more susceptible to potential infringements on their basic rights and have higher risks of falling into poverty."
Commenting on the report, FLAC's Policy and Campaigns Officer, Saoirse Brady noted: "it is important that the Government takes note of the issues highlighted by Ms Sepúlveda and adopt the recommendations contained in this comprehensive report, in particular the need to ensure that all rights protected under international human rights treaties are given full effect in Irish domestic law - including immediately undertaking a human rights review of all budgetary and recovery policies."
The recommendations made by the independent expert echo key concerns raised by FLAC. These include concerns about the availability of legal representation under the remit of the Civil Legal Aid Act 1995 for those appearing before the Social Welfare Appeals Office and the Employment Appeals Tribunal. Ms. Sepúlveda's report also emphasised the importance of strengthening the social protection system and removing barriers that can prevent vulnerable groups from accessing their entitlements. As an example of a barrier, she expressed concern that the Habitual Residence Condition "represents a considerable obstacle" for marginalised groups and called for the Social Welfare Appeals Office to publish its decisions.
FLAC is also pleased to note that the report calls for the swift adoption of a single procedure for determining refugee and subsidiary protection claims. This is especially important given how long asylum seekers currently spend in direct provision accommodation. Ms. Sepúlveda highlighted that the State has an obligation to ensure that those seeking its protection are guaranteed the enjoyment of all human rights, including the right to private and family life and the right to an adequate standard of living including access to the labour market.
Saoirse Brady cautioned that "while FLAC welcomes this report and the recommendations contained therein it is now essential for the Government to make a commitment to treat this as a priority issue and put people at the heart of any policy decisions, including bringing about the 'modern, fair, socially inclusive and equal society' envisaged in the Programme for Government and National Recovery."
To view the report of the UN Independent Expert, Magdalena Sepúlveda Carmona, please click here.
To view FLAC's Briefing submitted to the UN Independent Expert, which includes some recommendations that have subsequently been incorporated into the final report, please click here.
The European Anti-Poverty Network Ireland has also welcomed the report, Director Anna Visser calling on the Irish government to ensure that they give "greater consideration to the impact on the most vulnerable and what type of society it wants to develop into the future". To read the EAPN press release, please click here.
To read a Human Rights in Ireland blog on this, please click here.