Highlights of Ireland's questioning before UN Human Rights Committee

This week Ireland had its fourth examination before the United Nations Human Rights Committee (UN HRC). On 14 and 15 July, Minister for Justice Frances Fitzgerald and other members of the Irish delegation were questioned and had to defend Ireland’s record on civil and political rights. This examination happened because Ireland ratified the International Covenant on Civil and Political Rights (ICCPR) in 1989.

Before this week's examination,the Irish Council for Civil Liberties (ICCL) put together a report on Ireland’s Fourth Periodic Examination under the ICCPR. The ICCL’s report was compiled in collaboration with 11 civil society organisations, including FLAC (Free Legal Advice Centres). The report covers issues including gender equality, reproductive rights and transgender recognition. Click here to read the report.

16 civil society organisations gave brief presentations to the UN HRCbefore the examination. The main issues that the UN HCR questioned Ireland's delegation about were:

• LGBTI rights: Minister Fitzgerald noted that the Gender Recognition Bill is being progressed before the Dail. This new legislation will allow people aged 16 or 17, with their parent’s consent, to apply for a gender recognition certificate. This Bill would allow transgender people to have legal recognition of their gender in all dealings with the State, as well as public bodies, and civil and commercial society. Fitzgerald also spoke about the Government’s commitment to end discrimination against LGBT teachers. Click here to read more.
  
  
• Gender Equality: Article 42.1, the Irish constitution's controversial ‘woman in the home clause’, was also under discussion. It was stated by a member of the Irish Delegation that a special task force is looking at the issue of the necessary change to make the text gender neutral, and will report back by the end of October. Then there would be a referendum arranged in order to update this section of the Constitution. Click here to read more.
  
  
• Abortion: Minister Fitzgerald told the committee of the “significant recent developments in relation to access to lawful termination of pregnancy in Ireland” following the enactment of the Protection of Life During Pregnancy Act 2013. However Yuval Shany, the Ireland rapporteur on the Committee, said the 2013 Act continued to criminalise pregnant women who had a right to an abortion under the ICCPR. Mr Shany said it was “disappointing” to hear Ireland had no plans to remove Article 40.3.3 of the Constitution, which guarantees to vindicate as far as possible the equal rights of life of the mother and unborn. A Department of Health delegate responded that Ireland’s approach to legislation for abortion complied with Article 25 of the Covenant which guaranteed all citizens’ rights to vote and self-determination. The Irish delegation said it has “no solution” to the issue of women being unable to afford to travel overseas to undergo a termination.  Click here to read an Irish Times article and click here to read a Journal.ie article about the issue.
  
  
• Abuse investigation procedures, such as those relating to symphysiotomy survivors and former inhabitants of the Magdalene Laundries: Minister Fitzgerald spoke about the “dreadful situation” faced by symphysiotomy survivors in Ireland and defended the government’s redress scheme. However the Survivors of Symphysiotomy group said the government had failed to provide "an effective remedy". Click here to read an Irish Times article about the group's submission to the UN HRC, and click here to read an article about the survivor advocacy groups' differing views on the redress scheme.
  
  
• Education - The UN HRCoutlined its concern that there were no plans to open non-denominational schools, despite the fact most primary schools are State-funded. A Department of Justice delegate said there was no obstacle to the establishment of non-denominational schools if there were sufficient demand. Click here to read more.

Click here to read a Journal.ie summary of some of the issues raised during the UN HRC examination. 

*Editor's note, 21/7/14 - Click here to see a complete roundup by the ICCL of the news coverage on Ireland's examinaion.