State must move away from viewing rights as charitable, discretionary and commodities, and progress a rights-based model
A paradigm shift is needed in the State’s approach to economic, social and cultural rights (’ESC rights’) if it is to eradicate poverty, build up public service provision, and better respond to the needs of structurally vulnerable communities, the Irish Human Rights and Equality Commission (‘the Commission’) has stated in a report to the UN.
The Commission submitted its report to the Committee on Economic, Social and Cultural Rights (‘the Committee’) as part of Ireland’s fourth periodic review and ahead of an oral dialogue between the Committee and State representatives in February, in which the Committee will assess compliance with the International Covenant on Economic, Social and Cultural rights.
In our parallel report, we express our concern about the overall trajectory of ESC rights in Ireland, despite the country’s economic development since the last periodic review in 2015. In particular, we note the State’s continuing failure to address the root causes of the enduring crises in health, housing, poverty and the cost of living with forward looking, innovative and sustainable solutions, resorting instead to short-term, emergency and temporary measures.
The inadequacy of the State’s response to these systemic inequalities impacts Ireland’s resilience in the face of emerging challenges such as climate change and AI, while also fuelling division and political polarisation, and negatively impacting social cohesion.
Poverty, social exclusion and inadequate accommodation are at the core of ESC inequality in Ireland, particularly affecting the right to an adequate standard of living. Many in our society lack the basic resources to live with dignity, despite broader economic prosperity at the national level.
We recommend that the State develops a strategy and implementation plan on poverty reduction which embraces a human-rights approach with ambitious targets, accompanied by an independent monitoring and evaluation framework with clear institutional accountability. In addition, strategic approaches to poverty alleviation should consider the effects of the social protection system, low-paid and precarious work, financial exclusion, and socio-economic discrimination and include actions to dismantle these and other poverty traps.
We also recommend a transformation in the stigmatising discourse around social welfare, including by politicians and public officials that frames its receipt as ‘charity’ as opposed to an entitlement and a right.
Social exclusion is another product of consistent violations of a range of ESC rights affecting both urban and rural communities. The lack of adequate public transport links, common recreational spaces and quality public services has led to alienation disproportionately experienced by structurally vulnerable groups, while creating circumstances where community division and mistrust can flourish. We recommend investment in rural public transport to connect people to employment, education, public services and amenities together with investment in community interventions and public spaces to protect cultural rights, facilitate a cohesive society and combat social isolation.
On housing, we highlight the alarming lack of progress in almost all of the recommendations that the Committee made on housing in 2015, such as improving the accessibility, affordability and quality of housing. This has caused and continues to cause serious deprivation for many, including members of structurally vulnerable groups.
We report our concerns on the chronic undersupply of housing in the market, the unprecedented levels of homelessness, the persistent issues securing the right to culturally appropriate and quality accommodation for structurally vulnerable groups and the high levels of institutionalisation in Ireland.
To address these concerns, we recommend that there should be a significant scaling up supply of public and social housing to match current and future need, and also that a referendum should be held, proposing the insertion of the right to housing into the Constitution, extended to all persons to establish minimum core obligations.
To drive real progress on ESC rights, we recommend that the State takes a more strategic approach to reform, one that prioritises sustainable, transformative investment in public services, funded through equitable, progressive and fair tax policies. This includes growing the tax base, generating greater revenues and considering the introduction of a wealth tax.
Noeline Blackwell, Irish Human Rights and Equality Commission Member,
“Our polling shows that 85% of people believe everyone should be treated equally regardless of who you are or where you come from. Despite this, our submission confirms that in terms of Economic, Social and Cultural Rights, Ireland is moving in the opposite direction.
There are no simple or piecemeal solutions to creating a fairer and more equal Ireland. Progress will rely on a whole effort from the State, through committed investment, strategic and structural reform, and rigorous implementation.
It requires leadership and brave decision-making that acknowledges the lack of progress made so far, the multigenerational, intractable nature of many of the issues raised and a determined ambition to materially improve the situation of many in our country that suffer inequality in all its forms.”