On 1 May 2024, the High Court granted the Irish Human Rights and Equality Commission (the “IHREC”) leave to use their amicus curiae status to make submissions in a case challenging the redress scheme for those who have survived historic sexual abuse as a child in Irish schools. In exercising their leave to make submissions, the IHREC will use their previous experience to discuss the issue of redress for those who were survivors of and victims to historical sexual abuse in schools in Ireland, based upon a framework of human rights. The case is being taken in the High Court, as KW v Minister for Education, the Government of Ireland, Ireland and the Attorney General, and according to the IHREC, will likely have ‘broad implications for the victims of historic abuse.’
The redress scheme in question was developed following a ruling by the European Court of Human Rights in O’Keefe v Ireland. It requires that legal proceedings be issued against the state by survivors, on or before 1 July 2021, for damages for the sexual abuse suffered in day schools before 1991, and in primary or post primary school before 1992.
The IHREC has been involved throughout the process, acting as a third party in the O’Keefe proceedings, in its predecessor form as the Irish Human Rights Commission, providing submissions relating to the States failure to protect Ms O’Keefe during her time in primary school in 1973, and the failure to establish a system to remedy the abuse in an adequate and effective manner. Following the decision in O’Keefe, the IHREC has also been involved with different parties regarding the human rights needs of survivors in seeking redress, including, but not limited to, the UN Human Rights Council and the Council of Europe’s Committee of Ministers.
Commenting on the grant of leave to make amicus curiae submissions in KW, the Director of the IHREC, Deirdre Malone stated, “Despite the O’Keeffe ruling, survivors of historic child sexual abuse in schools still face significant barriers in accessing redress.
“We have consistently used our legal powers to highlight the vital need to have human rights-compliant redress schemes that are accessible to all survivors. Time is running out for many survivors who are still met with onerous and arbitrary barriers in accessing the redress, and ultimately, the justice due to them by the State”.
To read the Irish Human Rights and Equality Commission’s press release, click here.