Submitted by ssaliba on
Ireland - Twenty Fifth Session - 2016
Scroll to:
Accepted and Rejected Recommendations
II. Methodology and consultation process
8. It is important to us that the voices of children and young people are heard, and we engaged in a child-led consultation with 8- to 17-year olds, with support from the Department of Children and Youth Affairs. Young people advised on the format and wording of a questionnaire, which asked “Which human rights are most important in Ireland?” We received 3,930 responses in total – 1,613 from primary school children, 2,158 from young people and 159 from seldom-heard children and young people – and an independent researcher recorded and analysed the data.
9. Education/school was identified as the most important issue by 51.3% of children and young people, followed by shelter (45.9%), food and water (40.3%), equality or non- discrimination (33.5%), freedom of speech (23.7%), safety, security and protection (17.2%), family, marriage and the right to have children (14.2%), to be born free and equal (14.1%), healthcare and good health (12.2%) and life (11.1%). At a consultation event on 8 January 2016, children and young people advised on the presentation and format of the child-friendly version of the report.
IV. Promotion and protection of human rights: developments, achievements and challenges since Cycle 1
A. Equality and non-discrimination
16. The amended section 37 now obliges employers in religious-run schools and hospitals to show that any favourable treatment of an employee or prospective employee is limited to the religion ground and that action taken against a person is objectively justified by reference to that institution’s aim of protecting its religious ethos and that the means of achieving that aim are appropriate and necessary. The new provision raises the threshold for discrimination so that religious-run schools and hospitals must now show real damage to their ethos, and are precluded from discrimination on any of the other equality grounds9 (Recommendation 107.45).
Trafficking in persons
23. When finalised, the Plan will outline the Government’s strategic approach to this issue and set out a clear work programme for state authorities to collaborate with civil society in advancing the fight against trafficking and enhancing the protection of victims. It will ensure that a comprehensive child-sensitive protection system is in place which provides for interagency and multidisciplinary co-ordination for child victims of trafficking.
24. An Amendment to the Criminal Law (Human Trafficking) Act 2008 was enacted in July 2013 to facilitate full compliance with the criminal law measures in EU legislation.12
25. This amended legislation criminalises trafficking for the purposes of forced begging and trafficking for other criminal activities. In addition, the 2013 Act13 contains provisions to better facilitate children giving evidence in criminal prosecutions.
26. The Garda (Police) Commissioner has established a Child Protection and Human Exploitation Unit. This Unit will cover child abuse, domestic violence, sexual violence and human trafficking (Recommendations 106.49, 106.50, 106.51, 106.53).
Legacy issues concerning people who were in institutional care
Magdalen Laundries
33. The Scheme of lump-sum payments and supports for women who were admitted to and worked in the Magdalen Laundries, St. Mary’s Training Centre Stanhope Street, and House of Mercy Training School, Summerhill, Wexford, was welcomed by the majority of the women concerned. A woman is eligible for a payment of between €11,500 and €100,000, depending on length of stay (Recommendation 107.40).
Commission of Investigation into Mother and Baby Homes and Certain Related Matters
36. The statutory Commission of Investigation into Mother and Baby Homes and Certain Related Matters was established by the Government in February 2015 to provide a full account of what happened to vulnerable women and children in these Homes between 1922 and 1998. The scope of the Commission’s investigation is broad, and includes seven specific areas of practice and procedure regarding care, welfare, entry arrangements and exit pathways for the women and children who were residents of these institutions.
Criminal Law (Sexual Offences) Bill 2015
63. The Criminal Law (Sexual Offences) Bill will strengthen the law to combat child pornography, the sexual grooming of children, incest, exposure and other offensive conduct of a sexual nature.
64. There is also recognition of the needs of victims of sexual offences and those who assist them. Provisions are included which will regulate and bring certainty to the disclosure of counselling and therapy records in sexual offence trials. In addition, amendments to criminal evidence legislation acknowledge the difficult experience which a trial process may be for the victim of a sexual offence. The Bill will also criminalise those who purchase sexual services.
65. The Bill will reform Section 5 of the Criminal Law (Sexual Offences) Act 1993 to facilitate the full participation in family life of persons with intellectual disabilities and the full expression of their human rights. Achieving the necessary balance between those rights and ensuring appropriate protection is crucial. This will overcome one of the barriers to ratification of the UN Convention on the Rights of Persons with Disabilities.
66. The Bill will also ensure compliance with the criminal law provisions of the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography (Recommendation 106.6). Enactment is expected this year.
D. Right to participate in public and political life
Children’s Participation in Decision-Making
69. In June 2015, the Government launched the first National Strategy on Children and Young People’s Participation in Decision-making (2015-2020)26. This is the first such strategy in the EU. The Strategy’s primary goal is to ensure that children and young people have a voice in their individual and collective everyday lives. The Strategy is guided and influenced by the UN Convention on the Rights of the Child and the EU Charter of Fundamental Rights.
70. The Action Plan contains commitments from Government Departments and state agencies to involve children and young people in their decision-making processes. A key action is the development of a National Children and Young People’s Participation Hub in the Department of Children and Youth Affairs. This hub will act as a national centre for excellence and will provide information, training, resources and support for implementation of the actions in the National Strategy.
Social Inclusion and Community Activation Programme (SICAP)
71. SICAP, which reduces poverty and promotes social inclusion and equality through local, regional and national engagement and collaboration, received funding of €28m for the nine months of its operation in 2015 and €37m in 2016. SICAP encompasses a lifecycle approach and its Programme Implementers are engaging with young people living in disadvantaged areas and/or are members of one of its target groups to:
-
support young people who have left, or are at risk of leaving, education to help prevent early school-leaving and encourage those who might have left to return, as well as to assist with the transition to further education or training, or to a job;
-
move disadvantaged young people who are not in employment, education or training closer to the labour market; and
-
assist young people in engaging with service providers and policymakers at local, regional and national level.
In 2015, SICAP provide 315 individuals of who self identify as Travelers one to-one educational or employment supports, and 28 local community groups focused on Travellers with direct supports, and has engaged with 53 structures and networks that have some involvement with Traveller organisations in their areas. 5 SICAP Programme Implementers have also undertaken activities with Traveller children in their areas (Recommendation 106.32).
E. Right to privacy, marriage and family life
Gender Recognition Act 2015
73. The Gender Recognition Act 201527 provides for the preferred gender of a person to be fully recognised by the State for all purposes. A Gender Recognition Certificate Holder may subsequently apply for a birth certificate in their preferred name and/or gender where their birth is registered in the State. Children between the ages of 16 and 18 may apply for a Gender Recognition Certificate with court approval.
Children and Family Relationships Act 2015
74. The Children and Family Relationships Act 201528 modernised the law regarding children living in diverse family forms and established that the best interests of the child are paramount in decisions on custody, guardianship and access. Provisions on guardianship, custody and access were commenced on 18 January 2016.
G. Social security and the right to an adequate standard of living
Fiscal consolidation and recovery
84. The current strong recovery phase is highlighted by the decrease in the unemployment rate from over 15% in 2012 to 8.6%. The social impact assessment of the main welfare and tax measures introduced in 2015 and 2016 shows that the incomes of households in the poorest two quintiles have increased by around 2%. Households containing children have gained the most, including lone parents and those unemployed.
H. Right to health
Children’s access to healthcare
88. The Government is committed to the extension in 2016 of General Practitioner (GP) care without fees to all children aged under 12 years. This follows on from the introduction of GP care without fees for all children aged under 6 from 1 July 2015.
J. Rights of the child
101. Children are now specifically recognised as rights-holders in their own right in the Irish Constitution, following a referendum in 2012. The new provision requires that the best interests of the child are the paramount consideration and the voice of the child be given due weight in specified Court proceedings (Recommendations 106.9, 106.10, 106.11, 107.9, 107.10, 107.12).
102. Provision made in legislation for this principle, including the Child and Family Agency Act 201341, the Children and Family Relationships Act 2015 and the Children First Act 2015, illustrate Ireland’s commitment to a child-centred approach.
103. The ongoing implementation of Better Outcomes, Brighter Futures: the National Policy Framework for Children and Young People 2014-2020 is demonstrably rooted in the values and principles that the Constitutional amendment represents. Implementation of the Framework is a ‘whole-of-government’ commitment which is being driven with involvement by non-governmental interests in the sector.
Establishment of the Child and Family Agency
104. Tusla (the Child and Family Agency) was established on 1 January 2014 as a single, dedicated State agency responsible for improving wellbeing and outcomes for children. Its establishment represents one of the most ambitious and far-reaching public sector reform projects undertaken by Government. Tusla brings together some 4,000 staff and in 2016, has funding of some €676m, an increase of €38m over 2015.
105. The Agency brings a dedicated focus to child protection, family support and other key children’s services and is responsible for a range of services, including:
• Child welfare and protection services, including family support services; • Family Support Agency responsibilities;
• National Educational Welfare Board responsibilities;
• Pre-school inspection services;
• Domestic, sexual and gender-based violence services;
• Community-based services related to the psychological welfare of children and families.
106. Tusla also has statutory responsibility for separated children seeking asylum (Recommendation 106.17). For such children, a statutory care plan is developed and if appropriate, an application for asylum will be made on behalf of the child.
Child protection
Children First Act 2015
107. The Children First Act 201542 forms part of a suite of child protection legislation which also includes the National Vetting Bureau (Children and Vulnerable Persons) Act 2012 and the Criminal Justice (Withholding of Information on Offences against Children and Vulnerable Persons) Act 2012. The Act:
-
makes better provision for the care and protection of children, including raising awareness of child abuse and neglect;
-
provides for reporting and management of child protection concerns;
-
improves child protection arrangements in organisations providing services to children;
-
provides statutory arrangements to promote cross-sectoral implementation and compliance with Children First;
-
provides for a register of non-compliance for a provider of a relevant service who fails to provide the Child and Family Agency with a copy of a child safeguarding statement; and
-
provides for abolition of the defence of reasonable chastisement in relation to corporal punishment.
Children in care – right to participation in child welfare and protection issues
108. The rights of children, with regards to those in care and child welfare and protection issues, to participate and be consulted are set out on a statutory basis. The National Standards for statutory care and child protection services are child-centred and state that services must recognise children’s rights, including their right to be listened to and participate in decisions made about them and their care.
109. Children in care have a right to a statutory social worker and to statutory care planning and review. Within the care planning and review process the child is consulted and the plan put in place with regard to the child’s best interest.
Corporal punishment
110. From 11 December 2015, children in Ireland have the full protection of the law on assault, regardless of by whom or in what setting the assault occurs (Recommendations 107.41, 107.42).
111. In the case of parents, or persons acting in loco parentis, the common law defence of ‘reasonable chastisement’ has now been abolished pursuant to section 28 of the Children First Act 201544.
112. The use of corporal punishment is prohibited in all foster care and child care residential settings.
Children in detention
113. St. Patrick’s Institution will be closed very shortly. Responsibility for 16-year old males remanded in custody or sentenced to detention was transferred from the Irish Prison Service (IPS) to the children detention schools campus at Oberstown in May 2012. In addition, responsibility for 17-year old males who are remanded in custody was transferred to the Oberstown campus from the IPS in March 2015.
114. The Children (Amendment) Act 201545 will enable the full transfer of responsibility for children in detention to the children detention schools. The Act provides for the repeal of all provisions which permit the detention of children in adult prison facilities and will be commenced when sufficient qualified staff are in place in Oberstown to operate the facility safely.
115. The Prisons Act 201546 provides not only for the complete closing of St Patrick’s Institution but also for the general removal of references to St Patrick’s from the statute book. In particular, the Act will repeal all the legislative provisions that enable the courts to order the detention of young persons in St. Patrick’s.
Youth Justice
116. Tackling Youth Crime, a Youth Justice Action Plan, 2014-201847 focuses on continuing the downward trends in high-volume crime and detention. The opinions and experiences of children involved in the youth justice system have influenced the development of these interventions.
117. In accordance with the Action Plan, a new Bail Supervision Scheme is to be introduced on a pilot basis in 2016 and will provide more therapeutic supports in the community for children who are subject to bail conditions. The goal of this measure will be to further reduce the number of children remanded in custody due to breach of bail conditions.
118. 7 new Garda Youth Diversion Projects were announced in January 2016, bringing the number of Diversion Projects nationwide to 110. The Government also announced the roll-out of the first phase of a pilot mentoring service for young people coming to the attention of An Garda Síochána.
K. Right to education
Early Childhood Care Education
119. €85m in additional investment in early years and school-aged childcare was announced in Budget 2016, enabling an extension of the Early Childhood Care Education (ECCE) Programme to provide free pre-school education from September 2016 for children from 3 years until they start primary school or reach 5 and a half years. This initiative will better integrate the educational experience of young children, providing a smoother transition between pre- and primary school, and increases investment in free pre-school education by €47m to €219.4m in 2016.
120. This investment also provides for supports to enable children with disabilities to participate fully in the ECCE Programme, including enhanced continuing professional development for childcare staff; grants for equipment, appliances and minor alterations; and access to therapeutic intervention. €15m has been provided to phase in supports during 2016, with a full-year cost of around €33m from 2017.
Pluralism and Patronage
121. As stated in our National Interim Report, the Report of the Advisory Group to the Forum on Patronage and Pluralism in the Primary Sector recommended steps that could be taken to ensure that the education system can provide a sufficiently diverse number and range of primary schools to cater for children of all religions and none. The Forum’s recommendations are currently being implemented.
122. The National Council for Curriculum and Assessment launched a consultation process on proposals for a curriculum in Education about Religions and Beliefs (ERB) and Ethics to run until Spring 2016.
123. The Forum also advised on the practicalities of transferring/divesting patronage for individual primary schools where appropriate and necessary. 8 new primary schools have opened under the patronage divestment process and work is continuing to advance choices in other identified areas. All 8 schools have a multi-denominational ethos.
124. In areas of population growth, the process for establishing new schools takes account of parental preferences. Since 2011, 42 new schools have opened to meet demand for schooling provision in areas of demographic growth (24 primary schools and 18 post- primary schools). 39 of these schools have a multi-denominational ethos (Recommendation 107.27).
Admission to Schools
125. The Education (Admission to Schools) Bill 2015 aims to ensure that how schools decide on who is enrolled and who is refused a place in schools is more structured, fair and transparent.
126. The Bill provides for a school to explicitly state in its admission policy that it will not discriminate against an applicant for admission on the grounds of disability, special educational needs, sexual orientation, family status, membership of the Traveller community, race, civil status, gender or religion, while including provision for single-sex schools and denominational schools to reflect their specific ethos in their admission policy. It also provides that school enrolment policies must include details of the school’s arrangements for students who do not wish to attend religious instruction. The Bill strengthens the capacity to ensure that all children are catered for (Recommendation 106.56, 107.27).
Equity of Access to Higher Education
127. A new National Plan for Equity of Access to Higher Education 2015-201948 was launched in December 2015. The Plan aims to assist under-represented groups to participate in third level education, and takes a mainstreaming approach, so that responsibility for promoting greater diversity extends beyond designated access officers and becomes the responsibility of everyone working in higher education institutions. The Plan includes the first national target to increase representation in higher education by members of the Traveller community (Recommendations 106.30, 106.32, 106.56).
L. Rights of persons with disabilities
New National Disability Inclusion Strategy (2016-2019)
132. The Department of Justice and Equality, together with the National Disability Authority and the National Disability Strategy Implementation Group (NDSIG) is undertaking a comprehensive consultation process with a view to putting in place a revised National Disability Inclusion Strategy. The consultation process provides the opportunity to interested parties to make recommendations in key areas such as service provision, accommodation, health, employment, and education.
Autism
138. Aware of the need to place a particular focus on autism, the Government adopted a programme of Additional Actions on Autism in June 2015. Key actions include: ...
-
providing information supports for families with children with a disability, including those with autism; ...
M. Travellers and Roma
139. Our work to promote equality and inclusion in Irish society of the Traveller and Roma communities includes putting in place strong monitoring methods to evaluate the impact of inclusion actions in the key priority areas of health, education, employment, housing and anti-discrimination (Recommendations 106.30, 106.31, 160.32, 160.33, 107.31, 107.32). Some €400m has been invested in Traveller-specific accommodation in the past 15 years. €5.5m will be provided in 2016 for Traveller-specific accommodation, representing an increase of €1.2m (28%) on the 2015 capital provision.
141. In December 2013, the serving Ombudsman for Children carried out a special inquiry into the removal of two Roma children from their families. One of the key recommendations made by Ms Emily Logan in her Report of the investigation was that an assessment of the needs of the Roma community be undertaken. That assessment being undertaken by the Department of Justice and Equality in partnership with a leading Traveller and Roma NGO – Pavee Point – will be completed shortly. Building trust with the Roma community and genuine consultation with Roma interests is vitally important and to that end, the research and contact work on the ground is being undertaken by a number of trained peer researchers from the Roma community.
International Protection Act 2015 and family reunification provisions
153. The legislation provides that the best interests of the child shall be a primary consideration in dealing with the extension to qualified persons of certain rights including permission to reside and to travel and permission to enter and reside for family members of qualified persons (Recommendation 107.21).
158. Some of the recommendations have already been implemented. Priority was given to enacting legislation to speed up the application process for international protection (see above). The Minister for Health has signed an order exempting persons in receipt of a Direct Provision allowance from prescription charges and the Minister for Education and Skills has initiated a pilot grants scheme to support students in the protection process who have spent 5 years in the Irish school system, to access third-level studies this year.
Consultation with children in Direct Provision
159. During October and November 2015, the Citizen Participation Unit of the Department of Children and Youth Affairs conducted consultations with approximately 90 asylum-seeking children and young people (aged 8–17) living in Direct Provision, in co- operation with the Reception and Integration Agency (RIA) of the Department of Justice and Equality. An independent researcher is compiling a report of the consultations. The RIA has committed to giving consideration to the views of the children in the forthcoming series of reforms aimed at improving conditions, particularly for families and children, in Direct Provision.
R. International human rights obligations and engagement
168. Ireland’s election to the United Nations Human Rights Council from January 2013 to December 2015 provided an opportunity to make an enhanced contribution to the promotion and protection of human rights globally. During our membership, Ireland maintained its long-standing positions on freedom of religion or belief, human rights defenders, rights of the child, the death penalty, gender equality, the rights of LGBTI persons and many other key issues. Ireland led two national initiatives at the Council: the first on the promotion and protection of civil society space and the second on preventable morbidity and mortality of children under five. Ireland took an active part in Council debates and resolutions on situations of concern across all regions, without selectivity, wherever human rights crises came before the Council ranging from the situation in the occupied Palestinian territories, Syria, Yemen and Libya to DPRK, Cambodia and Myanmar, as well as Central African Republic, Burundi, Sudan and South Sudan among many others. Ireland remains fully committed to the promotion and protection of human rights worldwide through our status as observers at the Council.
R. International human rights obligations and engagement
168. Ireland’s election to the United Nations Human Rights Council from January 2013 to December 2015 provided an opportunity to make an enhanced contribution to the promotion and protection of human rights globally. During our membership, Ireland maintained its long-standing positions on freedom of religion or belief, human rights defenders, rights of the child, the death penalty, gender equality, the rights of LGBTI persons and many other key issues. Ireland led two national initiatives at the Council: the first on the promotion and protection of civil society space and the second on preventable morbidity and mortality of children under five. Ireland took an active part in Council debates and resolutions on situations of concern across all regions, without selectivity, wherever human rights crises came before the Council ranging from the situation in the occupied Palestinian territories, Syria, Yemen and Libya to DPRK, Cambodia and Myanmar, as well as Central African Republic, Burundi, Sudan and South Sudan among many others. Ireland remains fully committed to the promotion and protection of human rights worldwide through our status as observers at the Council.
169. In The Global Island: Ireland's Foreign Policy for a Changing World57 (January 2015), the Government made a commitment to improve the coherence of the promotion and protection of human rights in Ireland's Foreign Policy, including through the establishment of an Inter-Departmental Committee on Human Rights. Its responsibilities include assisting progress towards the ratification by Ireland of key international human rights treaties and ensuring timely reporting to human rights monitoring bodies.
Ratification of human rights instruments
-
Declaration made by Ireland upon ratification, on 18 November 2002, to the Optional Protocol to the Convention on the Rights of the Child on the Involvement of Children in Armed Conflict pursuant to Article 3, paragraph 2, amended 12 January 2015.
-
Optional Protocol to the Convention on the Rights of the Child (CRC-OP-IC) 24 September 2014.
I. Background and framework
A. Scope of international obligations
1. International human rights treaties
3. With reference to a noted universal periodic review recommendation,16 the United Nations Educational, Scientific and Cultural Organization (UNESCO) strongly encouraged Ireland to ratify the Convention against Discrimination in Education.
B. Constitutional and legislative framework
8. In 2016, the Committee on the Rights of the Child appreciated adoption of the Thirty-first Amendment of the Constitution (Children) Act to expressly recognize children as rights holders under the Constitution. It recommended that Ireland consider implementing its plan to carry out a national referendum on lowering the voting age to 16 years in accordance with its previous commitment. It urged Ireland to take all necessary measures to fully incorporate the Convention into domestic law.
C. Institutional and human rights infrastructure and policy measures
Status of national human rights institutions
12. The Committee on the Rights of the Child recommended that Ireland consider: ways and means to directly provide the Office of the Ombudsman with financial resources; and amend the provisions of the Ombudsman for Children Act, 2002, which preclude the Ombudsman from investigating complaints from children in a refugee, asylum-seeking and/or irregular migration situation, and to bring actions taken by the Defence Forces vis-à- vis children under the age of 18.33 Related recommendations were made by the Office of the United Nations High Commissioner for Refugees (UNHCR).
13. The Special Rapporteur on the situation of human rights defenders recommended that Ireland consider adopting a national plan of action on human rights, which should include a section on human rights defenders.35 The Committee on the Rights of the Child welcomed the working outline of a national action plan on business and human rights 2016- 2019 and recommended, inter alia, that Ireland require companies to undertake assessments, consultations and full public disclosure of the environmental, health-related and human rights impacts of their business activities and their plans to address such impacts.
14. UNESCO encouraged Ireland to continue implementing human rights education towards women’s rights, children’s rights and religious freedom.
15. The Committee on the Rights of the Child recommended that Ireland increase the budget allocated to social sectors and address disparities through the application of indicators; and include children’s rights impact assessments in the framework of integrated social impact assessments, to ensure that fiscal and budgetary decisions are compliant with the obligations under the Convention.
III. Implementation of international human rights obligations, taking into account applicable international humanitarian law
A. Equality and non-discrimination
19. The Committee on Economic, Social and Cultural Rights expressed concern at pervasive gender inequality. The Human Rights Committee expressed concern that, despite the adoption of the Electoral (Amendment) Political Funding Act, which encouraged political parties to establish a quota for female candidates, women continued to be underrepresented in both public and private sectors, particularly in decision-making positions.56 The Committee on Economic, Social and Cultural Rights recommended that Ireland take effective measures to increase women’s representation in decision-making positions in all areas, close the gender pay gap and eliminate strong gender role stereotypes; ensure that all women workers benefit from the maternity benefits scheme; ensure paternity leave; and expand affordable public childcare services.
21. The Committee on the Rights of the Child recommended the establishment of a successor to the National Action Plan against Racism 2005-2008.60
22. The Committee on the Rights of the Child noted with appreciation the adoption of the Gender Recognition Act 2015, providing that, from 16 years of age, the preferred gender of a person would be fully recognized by the State for all purposes. However, it remained concerned about cases of medically unnecessary surgeries and other procedures on intersex children before they were able to provide their informed consent; and at discrimination against lesbian, bisexual, gay, transgender and intersex children.
23. The Committee on the Rights of the Child recommended that Ireland undertake measures to: ensure that children born out of wedlock have legal certainty in respect of their family name, with a view to minimizing stigma or discrimination that could be faced by such children; assist children fathered by Catholic priests in upholding their right to know and be cared for by their fathers, as appropriate; and ensure that children born through assisted reproduction technologies, in particular with the involvement of surrogate mothers, have their best interests taken as a primary consideration and have access to information about their origins.
B. Right to life, liberty and security of the person
24. Regarding overcrowding in prisons, the Special Rapporteur on human rights defenders noted efforts to improve considerably the situation in certain detention centres and welcomed the Government’s commitment to end “slopping out” by 2014.64 The Human Rights Committee recommended that Ireland step up its efforts to improve the living conditions and treatment of detainees and address overcrowding and the practice of “slopping out” as a matter of urgency in line with the Standard Minimum Rules for the Treatment of Prisoners. Ireland should establish a concrete timeline for the achievement of complete separation of remand and sentenced prisoners, juvenile and adult prisoners and detained immigrants and sentenced prisoners.
26. The Human Rights Committee recommended, inter alia, that Ireland ensure that non- consensual use of psychiatric medication, electroshock, and other restrictive and coercive practices in mental health services, is generally prohibited; promote psychiatric care aimed at preserving the dignity of patients, both adults and minors; and amend the definition of voluntary patient under the Mental Health Act so that the term only refers to a person who consents to admission and treatment. The Committee on Economic, Social and Cultural Rights recommended that Ireland immediately take measures to separate child patients from adults in psychiatric facilities.
29. Taking note of target 2 of Sustainable Development Goal 16 to end abuse, exploitation, trafficking and all forms of violence against and torture of children, the Committee on the Rights of the Child recommended that Ireland ensure sufficient 24-hour refuge accommodation for persons affected by domestic violence and their children; and the allocation of adequate resources to the Child and Family Agency to respond to child protection referrals and address the needs of at risk children in a timely manner.
C. Administration of justice, including impunity, and the rule of law
35. On symphysiotomy, performed on approximately 1,500 girls and women without their free and informed consent, the Human Rights Committee recommended that Ireland: initiate a prompt, independent and thorough investigation into cases of symphysiotomy, prosecute and punish the perpetrators, including medical personnel; provide survivors with an effective remedy on an individualized basis; and facilitate access to judicial remedies, allowing survivors to challenge the sums offered to them under the ex gratia scheme.
36. While noting the State’s apology to survivors, the Committee on Economic, Social and Cultural Rights regretted the massive and systemic forced labour that occurred in the Magdalene laundries, and recommended that Ireland conduct prompt, thorough and independent investigations into those allegations, bring those responsible to justice and provide all victims with effective remedies. The Human Rights Committee recommended that Ireland conduct prompt, independent and thorough investigations into allegations of abuse in children’s institutions and mother and baby homes, prosecute and punish perpetrators and ensure that all victims obtain an effective remedy.
37. The Committee on the Rights of the Child appreciated the adoption of the Children (Amendment) Act 2015, repealing all parts of the current statute book that permitted the detention of children in adult prison facilities. It urged Ireland to reinstate the provisions regarding the age of criminal responsibility at 14 years as established in the Children Act 2001; and, in cases where detention is unavoidable, ensure that the detention is for the shortest possible period, and that children are not detained together with adults and that detention conditions are compliant with international standards, including with regard to access to education and health-care services.
D. Right to privacy, marriage and family life
38. The Committee on the Rights of the Child recommended that Ireland consider incorporating provisions on information disclosure, family tracing and post-adoption support measures, in accordance with international practice, into the Adoption Act, 2010.
39. The Committee on the Rights of the Child recommended the removal of all exceptions that allow marriage under the age of 18 years.
40. While welcoming the adoption of the Child and Family Agency Act, the Committee on the Rights of the Child recommended that Ireland: undertake measures to ensure children in alternative care who have disabilities or mental health needs have those needs addressed in an integrated and comprehensive manner; adequately support young people prior to their leaving care; and address the needs of children who have experienced homelessness.
G. Right to social security and to an adequate standard of living
48. The Special Rapporteur on extreme poverty noted with concern that children continued to be among the hardest hit by the economic downturn, with 19.5 per cent of children at risk of poverty, and 30.2 per cent experiencing material deprivation. The Special Rapporteur regretted that her recommendations with respect to ring-fencing the Child Benefit and other allowances had not been reflected in recent developments.96 The Committee on the Rights of the Child recommended that Ireland ensure that the revisions of its poverty reduction targets for 2020 takes into account increases in the number of children living in consistent poverty and put in place a detailed action plan to ensure that targets are met within a specified time frame. Expressing concern at the increased number of people living in consistent poverty or at risk of poverty, the Committee on Economic, Social and Cultural Rights recommended the integration of a human rights-based approach in all poverty reduction programmes and strategies.
52. The Special Rapporteur on extreme poverty noted that she had urged the Government to take immediate action to meet the critical need for social housing, and to adopt measures to solve the long-term housing needs in the country from a rights-based approach. Unfortunately, no action had been taken in that regard. Deeply concerned at reports of families affected by homelessness facing significant delays in accessing social housing and frequently living in inappropriate, temporary or emergency accommodation on a long-term basis, the Committee on the Rights of the Child urged Ireland to undertake measures to increase the availability of social housing and emergency housing support. The Committee on Economic, Social and Cultural Rights expressed concern at the increased costs of rental housing and reduced family incomes. It recommended that Ireland consider introducing legislation on private rent and increasing rent supplement levels and banking regulations in order to strengthen protection for mortgage borrowers in arrears.
H. Right to health
53. The Committee on Economic, Social and Cultural Rights was concerned at the overall deterioration in health-care services due to significant budget cuts and the negative impact on access. It recommended that Ireland: improve its public health-care services, by increasing public spending and introducing a common waiting list for treatment in publicly funded hospitals for privately and publicly insured patients; expedite the introduction of a universal health services system and community-based health services; and strengthen the Health Information and Quality Authority. The Committee on the Rights of the Child urged Ireland to address root causes of exclusion from access to health-care services and undertake programmes for the issuance of medical cards in Traveller and Roma communities.
54. While welcoming the recent strengthening of the Inpatient Child and Adolescent Mental Health Service, the Committee on the Rights of the Child recommended that Ireland undertake measures to strengthen the capacity of its mental health services for inpatient treatment, out-of-hours facilities, and facilities for treating eating disorders; and consider establishing a mental health advocacy and information service specifically for children. Additionally, while noting the recent adoption of a suicide prevention strategy by Ireland, the Committee remained concerned at the high number of suicides among adolescents.108 The Committee on Economic, Social and Cultural Rights recommended that Ireland revise the Mental Health Act 2001 in the light of the recommendations of the expert group tasked with reviewing it and expedite the implementation of the national mental health policy “A vision for change” through the allocation of sufficient resources.
55. The Committee on Economic, Social and Cultural Rights and the Human Rights Committee expressed their concern at the highly restrictive legislation on abortion and its strict interpretation thereof. The Committee on the Rights of the Child expressed concern about the Protection of Life During Pregnancy Act 2013, which allowed for abortion only when there was a “real and substantial risk” to the life of the mother and criminalized abortion even in instances where the pregnancy resulted from rape or incest, or in cases of severe fetal impairment. It was further concerned that the term “real and substantial risk” prevented doctors from being able to provide services in accordance with objective medical practice. The Human Rights Committee was concerned about the excessive degree of scrutiny by medical professionals for pregnant and suicidal women leading to further mental distress; the discriminatory impact of the Protection of Life During Pregnancy Act on women who were unable to travel abroad to seek abortions; the imposition of criminal sanctions on health-care providers who referred women to abortion services outside of Ireland under the Regulation of Information (Services Outside the State For Termination of Pregnancies) Act 1995; and the severe mental suffering caused by the denial of abortion services.
56. The Committee on Economic, Social and Cultural Rights called for a referendum on abortion and recommended that Ireland revise its legislation on abortion, including the Constitution and Protection of Life During Pregnancy Act, in line with international human rights standards. The Committee on the Rights of the Child recommended that Ireland decriminalize abortion in all circumstances and review its legislation with a view to ensuring access by children to safe abortion and post-abortion care services. The Committee on Economic, Social and Cultural Rights recommended that Ireland adopt guidelines to clarify what constitutes a real substantive risk to the life of a pregnant woman and publicize information on crisis pregnancy options through effective channels of communication.
57. Concerned at the severe lack of access to sexual and reproductive health education and emergency contraception for adolescents, the Committee on the Rights of the Child recommended that Ireland 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 adolescents.
I. Right to education
58. While welcoming the establishment of the Forum on Pluralism and Patronage in the Private Sector, the Committee on the Rights of the Child was concerned at schools continuing to practise discriminatory admissions policies on the basis of the child’s religion. The Human Rights Committee was concerned about the slow progress in increasing access to secular education through the establishment of non-denominational schools, divestment of the patronage of schools and the phasing out of integrated religious curricula in schools accommodating minority faith or non-faith children. The Committee on Economic, Social and Cultural Rights was concerned at the discriminatory criteria against children with special educational needs contained in many admissions policies and the lack of a regulatory framework.
59. The Committee on Economic, Social and Cultural Rights recommended that Ireland bring all relevant laws, including the Equal Status Act 2000 and the Education (Admission to Schools) Bill 2015, into line with international human rights standards and increase the number of non-denominational schools at the primary and post-primary education levels. It also recommended that Ireland step up its efforts to promote inclusive education for all, including the implementation of the Education for Persons with Special Educational Needs Act 2004 and to ensure equal opportunities for all children to quality education.
60. The Committee on the Rights of the Child recommended that Ireland establish an effective complaints mechanism for children in schools; consider reforming the Leaving Certificate Examination to reduce stress caused to children; and develop curriculum of physical leisure activities for all.
K. Minorities and indigenous peoples
64. Expressing concern at the criminalization of nomadism, pursuant to the Housing (Miscellaneous) Provisions Act, 2002, the Committee on the Rights of the Child recommended that Ireland respect the cultural practice of nomadism and ensure it is not criminalized. The Human Rights Committee recommended that Ireland amend the Housing (Miscellaneous Provisions) Act, 2002 to meet the specific accommodation requirements of Traveller families. The Committee on Economic, Social and Cultural Rights reiterated its previous recommendations that Ireland take steps to provide culturally appropriate accommodation in consultation with Travellers and Roma.
65. The Special Rapporteur on extreme poverty observed that, because of the structural discrimination they experienced, Travellers were particularly vulnerable to poverty, suffering from lower life expectancy and education outcomes.Regarding Travellers and Roma, the Committee on the Rights of the Child was concerned about alleged impunity for publicly expressed discriminatory remarks by public representatives. The Human Rights Committee expressed concern at the lack of data concerning the Roma community in Ireland, and at instances of the forced removal of Roma children from their families into State care on the basis of their appearance. The Human Rights Committee recommended that Ireland adopt an effective policy and action plan, developed in consultation with Traveller and Roma communities, to redress situations of inequality.
L. Migrants, refugees and asylum seekers
66. The Special Rapporteur on extreme poverty recalled she had recommended that Ireland review the Direct Provision system, ensuring that asylum seekers were afforded the full enjoyment of their rights to, inter alia, family life, social security, and access to the labour market, noting that this recommendation had not been followed. The Committee on the Rights of the Child was concerned that asylum-seeking children were reportedly accommodated in privately run centres that were not covered by national standards relating to children. It urged Ireland to ensure independent inspections of all refugee accommodation centres and recommended that Ireland ensure facilities, including recreation areas, for children and families; and proportionately increase the child allowance to correlate with the cost of living. UNHCR and two other treaty bodies made related recommendations.
67. With reference to accepted recommendations, UNHCR welcomed the adoption of the International Protection Bill to introduce a long-awaited single protection determination procedure and for its focus on the best interests of the child principle.The Committee on Economic, Social and Cultural Rights recommended that Ireland expedite the adoption of the International Protection Bill and determine without undue delay all forms of protection status for asylum seekers. UNHCR encouraged the early implementation by Ireland of related recommendations made by the Working Group on the Protection Process on protection, accommodation and support systems for asylum seekers.
I. Information provided by the national human rights institution of the State under review accredited in full compliance with the Paris Principles
3. IHREC observed that two referenda were held on children’s rights, and same-sex civil marriage. IHREC noted that the Convention on the Constitution recommended amending the Constitution to strengthen the protection of economic, social and cultural rights. IHREC recommended reforming the Constitutional provisions relating to women (Article 41.2), the equality guarantee (Article 40.1), through a referendum, and the offence of blasphemy (Article 40.6.1)
8. IHREC noted that overcrowding in prisons continued and progress to reduce “slopping out”. IHREC welcomed the publication of the General Scheme of the Criminal Justice (Community Sanctions) Bill which proposed increasing the use of non-custodial community sanctions and urged that this law reform be prioritised to reduce overcrowding. IHREC welcomed improvements in the prisoner complaints system following recommendations by the Inspector of Prisons but reiterated its concern about the lack of an adequate and independent prison ombudsman for the independent investigation of complaints from prisoners. IHREC reiterated its concerns at the State’s failure to put in place a timeframe for the achievement of the total separation of both remand and sentenced prisoners, juvenile and adult prisoners and detained immigrants and sentenced prisoners, respectively. It made recommendations.
14. IHREC recommended giving priority to reducing the barriers preventing members of the Traveller community enjoying equal access to adequate housing, education and health; taking further steps to progressively realise the right to culturally appropriate housing for Traveller families in consultation with each individual family; and priority recognition of Travellers as an ethnic minority.
II. Information provided by other stakeholders
A. Background and framework
1. Scope of international obligations
16. Ombudsman for Children’s Office (OCO) welcomed Ireland’s ratification of OP- CRC-IC in September 2014.
2. Constitutional and legislative framework
22. OCO welcomed as significant the inclusion of the best interests principle and children’s right to be heard at the constitutional level, though the CRC had not been fully incorporated into Irish law, and made recommendations.
C. Implementation of international human rights obligations, taking into account applicable international humanitarian law
1. Equality and non-discrimination
32. Various issues relating to the rights of women and to gender equality were raised including the historical abuse of women and children in medical or institutional care during a time when bearing a child outside marriage carried significant social stigma.54 JS3- YRRN stated that the gender pay gap margins had increased. No concrete actions had been taken to increase the number of women on corporate boards. JS3-YRRN recommended that Ireland ensure an independent review of the National Women’s Strategy 2007-2016 and devise a consultative process on its successor. National Travellers Women Forum (NTWF) suggested that such an independent review as proposed at the first cycle include recommendations towards progress for Traveller women.
37. JS3-YRRN welcomed the enactment of legislation providing equal rights for same- sex couples to parenting of children and the enactment of the Gender Recognition Act 2015. JS3-YRRN recommended introduction of legislation: to regulate surrogacy, applying equally to same-sex and opposite-sex couples; and to ensure LGBTI persons are no longer discriminated against in pension provision.
2. Right to life, liberty and security of the person
40. OCO observed that the legality of corporal punishment of children in Ireland was in violation of Article 17 of the European Social Charter and called for the implementation of previous UPR and treaty body recommendations, prohibiting corporal punishment. Global Initiative to End All Corporal Punishment of Children noted reports from May 2015 that the “reasonable chastisement” defence would be reviewed.
43. St Patrick’s Mental Health Services (SPMHS) reported on the documented prevalence of mental health problems in Ireland, including having the highest rate of female youth suicide in the European Union. JS3-YRRN noted involuntary treatment and detention allowed under the Mental Health Act 2001 and non-consensual psychiatric medication and electroshock. SPMHS recommended that Ireland amend the Mental Health Act 2001, as recommended by the Government established expert group to review the Act, and ensure it is fully compliant with international human rights standards. While welcoming recommendations of the expert group report, Mental Health Reform (MHR- Ireland) was concerned at a number of gaps in the review83 and of the need for an independent body to be given a direct role in receiving, investigating and resolving complaints about mental health service delivery. JS5-Disability-Ireland called for ensuring accountability in relation to those involved in perpetrating abuse on people with disabilities in residential services.
3. Administration of justice, including impunity, and the rule of law
50. JS3-YRRN observed that following media reports from 2014 of mass graves at the sites of former Mother and Baby Homes, the Government established an independent Commission of Inquiry into the matter with full investigatory powers. Adoption Rights Alliance (ARA) called for the broadening of the scope of investigations as they did not require identifying the remains of deceased infants and the true number of forced and illegal adoptions.
8. Right to health
65. According to JS2, Article 40.3.3 (the 8th Amendment) of the Irish Constitution, which equated a pregnant woman’s life with continued foetal development, remained the single greatest impediment to access to abortion services.124 JS3-YRRN indicated observed that, while the provisions of the 1861 Act that criminalised abortion had been repealed, the Protection of Life during Pregnancy Act in 2013 re-criminalised abortion, except where there was a risk to life, imposing a maximum penalty of 14 years imprisonment. Irish Family Planning Association (IFPA), indicated that the Guidance Document issued to medical practitioners on the implementation of the 2013 Act was entirely procedural and did not contain clinical guidance, regarding what constituted a “real and substantive” risk to the life of a pregnant girl or woman. JS2 reported that current abortion laws resulted in flagrant inequality as women with financial resources and support could travel abroad to access appropriate health care. JS3-YRRN emphasized that provision of information regarding abortion was strictly regulated and criminalised in certain circumstances by the Abortion Information Act 1995.129 Pro Life Campaign, ADF International and Family & Life provided information against expanding the availability of abortion and retaining the Constitutional protection of the right to life of the unborn child and protecting conscientious objection of medical personnel.
67. JS2 stated that evidence suggested that the implementation of sexuality education programmes across the Irish school system was patchy and inconsistent, with weak or non- existent mechanisms for holding schools accountable.
9. Right to education
68. Council of Europe reported on cases against Ireland pending before the Committee of Ministers for supervision of their execution and that the main case revealing a structural or general problem and requiring the adoption of general measures was the protection of children against sexual abuse in public schools.
69. JS3-YRRN reported that 96 percent of primary schools had a religious patron with 89.6 percent of them under the patronage of the Catholic Church and recommended the acceleration of divestment programme for primary and post primary schools and ensure the widest availability of mutli and non-denominational schools136 and increased investment in early childhood care and education to the current OECD average of 0.8 percent GDP at a minimum.
70. Reporting its concerns at continued religious discrimination in schools, Education Equality called for the: immediate repeal of s7(3)(c) of the Equal Status Act 2000; prohibition of all forms of religious discrimination in the education system, including in admissions and employment and within the school day; provision of adequate and appropriate alternatives to religious education and education in accordance with particular denominations; establishment of multi-denominational and non-denominational schools within a reasonable distance from all families; provision for effective opt-out procedures from all elements of indoctrination currently incorporated in school life; and repeal of Rule 68 of the Rules for National Schools 1965 and removal of the Integrated Curriculum, which requires that religious instruction be incorporated into all aspects of the school day and in the teaching of all subjects. Other submissions dealing with freedom of religion in education included ADF International and OCO.
71. Concerned at the insufficient response to the issue of early school leaving, ERI recommended that Ireland provide entry levels into trades through apprenticeship schemes.
11. Minorities
78. EU-FRA reported that forced evictions remained a deep-seated problem with cases reported in 2013 in Ireland.153 NTWF stated that Traveller Accommodation Budgets had been decimated and recommended ring-fenced funding and strengthening and broadening the remit and powers of National Traveller Accommodation Consultative Committee.154 PaveePoint reported that life expectancy for Traveller men was 15.1 years less than the general population; infant mortality rate was 3.6 times higher; and the suicide accounted for 11% of Traveller deaths.155 NTWF recommended the full implementation of All Ireland Traveller Health Study and reconvening of the National Traveller Health Advisory Committee.
12. Migrants, refugees and asylum seekers
79. ICI noted that the General Scheme of the International Protection Bill contained provisions seeking to restrict family reunification entitlements and welcomingly identified the best interests of the child principle as a relevant consideration through not as the primary consideration. JS3-YRRN recommended that Ireland amend the General Scheme of the International Protection Bill to address family reunification, best interests of the child and the legal framework for reception conditions.
81. Doras Luimni (DL) stated that in the Direct Provision system people seeking protection were accommodated in unregulated residential institutions managed by private contractors. The average length of stay was 4 years. 30 percent of all residents were children. The impact of the system had been heavily criticised by UN treaty bodies.
82. JS3-YRRN noted that, in June 2015, the Report of the Direct Provision Working Group was published. JS3-YRRN recommended that pending abolition, the direct provision system be significantly reformed, and the remit of the Ombudsman for Children be extended to include its oversight or alternative accommodation arranged by the Reception and Integration Agency. JS6 recommended that the IHREC carry out an inquiry into the Direct Provision system. DL recommended that Ireland legislate for the right to seek employment for asylum seekers nine months after lodging their initial application.
Accepted and Rejected Recommendations
The recommendations listed below enjoy the support of Ireland:
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);
135.26 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);
135.34 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);
135.76 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);
135.83 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);
135.85 Continue implementing the National Strategy on Children and Young People’s participation in Decision-making 2015-2020 (Sudan);
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);
135.90 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);
135.109 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);
135.114 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);
135.125 Ensure complete separation of remand and sentenced prisoners, juvenile and adult prisoners and detained immigrants (Egypt);
135.129 Conduct targeted/focused policy of social support to the population in need, especially children (Belarus);
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);
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);
135.146 Activate the policies of integration of Travellers and Roma in all social, economic, cultural, political, educational and other spheres (Lebanon);
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)(partially accepted);
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)(partially accepted);
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)(partially accepted);
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);
136.29 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)(partially accepted);
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)(partially accepted);
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)(partially accepted);
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);
136.59 Expedite the adoption of a national action plan on food security and nutrition (Algeria)(partially accepted);
136.60 Develop and strengthen financially the state-sponsored legal aid framework, so that lawyers avoid cases of evictions from social housing (Haiti)(partially accepted);
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)(partially accepted);
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);
136.74 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)(partially accepted);
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)(partially accepted);
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)(partially accepted);
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)(partially accepted);
136.85 Strengthen measures to eliminate discrimination against Roma and children on the basis of religion in health and education sectors (Bangladesh)(partially accepted);
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)(partially accepted);
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)(partially accepted);
136.93 Address concerns about family reunification and the best interests of the child in its legislation on refugees (Brazil)(partially accepted);
The recommendations listed below do not enjoy the support of Ireland and are therefore rejected:
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);
136.27 Reinstate the age of criminal responsibility of 14 years of age as prescribed in the Children’s Act (Botswana);
136.52 Provide protection of the family as the natural and fundamental unit of the society (Egypt);
136.58 Launch measures to promote and protect the rights of peasants and other people who work in rural areas (Plurinational State of Bolivia);
136.64 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);
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);
136.79 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);
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);
: