IRELAND: Children's rights in the Special Procedures' reports

Summary: This report extracts mentions of children's rights issues in the reports of the UN Special Procedures. This does not include reports of child specific Special Procedures, such as the Special Rapporteur on the sale of children, child prostitution and child pornography, which are available as separate reports.

Please note that the language may have been edited in places for the purpose of clarity.

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• UN Special Rapporteur on Human Rights and Extreme Poverty
• UN Special Rapporteur on the Right to Freedom of Opinion and Expression

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UN Special Rapporteur on Human Rights and Extreme Poverty
Magdalena Sepúlveda Carmona
(A/HRC/17/34/Add.2)

Country visit: 10 January – 15 January 2011
Report published: 17 May 2011

International obligations: The independent expert stresses the need for Ireland to further its human rights commitments by ratifying and incorporating into domestic law international treaties to which it is not yet a party, such as the Optional Protocol to the Covenant on Economic, Social and Cultural Rights, 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, the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography, and the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. (Paragraph 8)

As a State party to the Convention on the Rights of the Child, Ireland must ensure, inter alia, that each and every child in the country has a standard of living adequate for his/her physical, mental, spiritual, moral and social development, and full access to the best available health-care services, free primary education and social protection (arts. 24, 26- 28). The State must comply with these obligations to the maximum extent of its available resources (art. 4), even during times of economic hardship. (Paragraph 62)

Non-discrimination and equality: In the Irish context, despite a strong body of equality legislation, several groups remain particularly vulnerable to discrimination and exclusion, including single mothers, children, Travellers, persons with disabilities, migrants, asylum-seekers and the homeless. In accordance with the human rights framework, Ireland should be particularly mindful that policies do not exacerbate the situation of such groups, and should take positive measures to help these vulnerable segments regain their equal footing with the rest of the society. (Paragraph 33)

A number of recent measures are concerning in this respect, especially reductions in child benefits and benefits for job seekers, carers, single parent families, persons with disabilities and blind persons. The impact of these measures will be exacerbated by funding reductions for a number of social services which are essential for the same vulnerable people, including disability, community and voluntary services, Travellers supports, drug outreach initiatives, rural development schemes, the Revitalising Areas by Planning, Investment and Development (RAPID) programme and Youthreach. (Paragraph 34)

States should recall the obligations of non-discrimination and equality which oblige them to ensure that activation policies do not represent a larger burden to certain individuals or groups in society, such as single parents and persons with disabilities. This is particularly important when individuals are required to enter the job market in times of recession and high unemployment. The State must also ensure that vulnerable groups have equal access to training programmes, and that gender concerns are taken into account. Considering that women undertake a disproportionately large share of child care and household tasks, measures must be in place to ensure that they are not unjustifiably excluded from programmes. Activation policies should be designed to increase the participation of women in the labour market, while enabling them (in particular, single mothers) to balance employment and parenting. Employment schemes and training programmes must provide child-care and after-school facilities. Furthermore, activation policies should be complemented by participatory mechanisms through which individuals can provide feedback and input. Information about activation policies must be widely disseminated in order to ensure that participants understand their responsibilities and entitlements. (Paragraph 54)

Poverty/budget cuts: Deliberately retrogressive measures that affect the level of enjoyment of economic, social and cultural rights are, prima facie, a violation of the Covenant. In this context, the independent expert notes with concern the recent drastic budgetary reductions to, inter alia, the Department of Health and Children, the Office of the Minister for Children and Youth Affairs, Education and Skills, Equality Proofing, Disability Projects, and the Community and Voluntary Sector. These reductions have the potential to significantly undermine the effective and efficient functioning of health and education services and the social protection system, all of which are crucial for providing minimum essential levels of enjoyment of human rights, and protecting the rights of the poorest and most vulnerable members of society. (Paragraph 30)

Historically, Ireland has had a relatively high rate of income poverty among children, by international standards. The Government has made laudable efforts to address this situation, resulting in significant decreases in the prevalence of child poverty and deprivation for most of the past decade. The primary factor in the reduction of child poverty has been the considerable investments in social protection measures, including the tripling of child benefit payments between 2000 and 2007, increasing payments to single- parent families, and introducing the Early Childcare Supplement. The proportion of children living below the 60 per cent threshold fell by 20 per cent from 2005 to 2009, and the consistent poverty rate among children decreased between 2006 and 2008. (Paragraph 56)

In recent years significant policy attention has been given to addressing child poverty, which is reflected in the NAP Inclusion's identification of "adequate income support for children" as a high-level goal. However, despite the advances made, since 2008, child poverty has again been on the increase. Today, children are the group most vulnerable to poverty in Ireland. In 2009, 8.7 per cent of children were living in consistent poverty, an increase of 38 per cent over the previous year. One in every six children in Ireland (18.6 per cent) is at risk of poverty. (Paragraph 57)

The independent expert is concerned that recent budgetary adjustments will pose an additional threat to the already precarious situation of children in Ireland. According to UNICEF, were it not for government intervention in the form of social transfers and taxes, child poverty rates in Ireland would triple. The reduction of the child benefit payment by 15 per cent in 2011 (on top of a 10 per cent cut in 2010) will undoubtedly lead to an additional increase in child poverty rates. While measures have been taken to compensate families with low incomes for the reduction in child benefits, these payments are subjected to restricted eligibility criteria that may exclude children in need of support. Moreover, these cuts represent a move away from the universal child benefits, which have been an effective and non-stigmatising tool to address child poverty. (Paragraph 58)

While cuts are affecting all families with children (across all income brackets) they will have a disproportionate impact on children living in households that rely on other forms of social protection assistance, particularly those with single parents, jobless households and households with persons with disabilities. These households are hit harder by the cumulative impact of reductions to a range of social protection payments and the rising costs of child-related expenditures. (Paragraph 59)

Combating child poverty requires a set of comprehensive measures, including adequate income support and investments in public services such as education and health. Reduction in funding to public services will impact the accessibility and quality of health and education services for children. For instance, the recent cuts to the school transport scheme, and the introduction of additional fees for post-primary pupils, will place additional financial burden on struggling families. (Paragraph 60)

The independent expert notes that Ireland has allocated additional funds in recent budgets to meet the rising demand for medical cards, an initiative that improves access to health services for children living in low-income families. However, the introduction of a 50-cent charge on all prescription medicines means that families with children who require regular prescription medication for chronic illnesses will pay more for vital medication each month. (Paragraph 61)

Single parents: Approximately one in six children in Ireland lives in a single-parent household, 86 per cent of which are headed by single mothers.58 Poverty rates among single-parent households are alarming: in 2009 almost 17 per cent of people living in single-parent households were in consistent poverty, the highest consistent poverty rate for any household category in Ireland. People living in single-parent households were also the most vulnerable to poverty, experiencing the highest risk of poverty rate (35.5 per cent) in 2009. (Paragraph 70)

The One Parent Family Payment (OPFP), the single parents' weekly means-tested social welfare payment, has been subject to consecutive reductions over the past two years, and in January 2011, it was cut by a further 4 per cent. In a climate of rising unemployment and scarce job opportunities, and in combination with cuts to other social welfare payments relied upon by single parent families, this substantial loss of income will undoubtedly affect the vulnerability of single-parent households to poverty, and seriously diminish the possibilities of these parents to provide for their children's basic material needs. (Paragraph 71)

Single mothers, representing the vast majority of single parents in Ireland, encounter specific obstacles preventing them from participating on an equal basis in the work market. Research shows that even during times of economic growth in Ireland, single mothers with pre-school children were one of the few exceptions to the general rising tide of labour- market participation. One of the major obstacles to employment for single parents is the cost of child-care services in Ireland, which are among the highest in Europe. In this context, the independent expert welcomes the recent introduction of the one-year Early Childhood Education Scheme, and calls on the Government to ensure that the universal pre- school year is of high quality, fully implemented and expanded. (Paragraph 73)

Travellers: Another crucial area of concern is the Traveller community's lack of access to, and equal participation in, the education system. More than two thirds of Travellers aged 15 or over have no secondary or tertiary education. While the independent expert acknowledges the Government's well-intentioned efforts to mainstream Traveller children in the education system, she stresses that mainstreaming is not sufficient to rectify the serious structural lack of inclusion which leads to the imbalance in access to education. The independent expert recognises that in many cases Travellers make a conscious decision, based on a number of cultural and social factors, not to remain in higher education. The State should be respectful of this decision while removing barriers to education and encouraging Traveller children to remain in education where possible. Ireland should also support efforts by adult Travellers who wish to return to education or training. (Paragraph 78)

Migrants: The Government must ensure that special measures are in place to support and assist the migrant population in Ireland, a process which should begin with ratification of the Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families. The independent expert welcomes the Intercultural Education Strategy 2010-2015 (IES) aimed at developing an intercultural learning environment, based on inclusion and integration throughout the education system. Education is a key means of ensuring poverty reduction and social inclusion, and the Government should continue to pursue policies which facilitate the education and integration of Ireland's migrant children, who comprise 6 per cent of the total child population of Ireland. The Government should also ensure that budgetary adjustments do not adversely affect the migrant population who are already experiencing economic and social disadvantage. Recent measures to reduce the number of language-support teachers in schools stand in blunt contrast to the high-level goals of the IES, and jeopardise migrant children's chances of attaining sufficient educational support and social integration. (Paragraph 82)

Asylum seekers and refugees: The independent expert is concerned that today, more than one third of asylum- seekers supported by the Direct Provision System (DPS) – which provides asylum-seekers with accommodation and support at all stages of the asylum process and beyond, up to resolution of the case, and which was originally designed to support asylum-seekers for short period of time (up to 6 months) only –, spend more than three years in such accommodations. While the facilities are generally reported to be in good condition, and asylum-seekers receive full-board accommodation and a small weekly allowance, the DPS limits the autonomy of asylum-seekers and impedes their family life, as most accommodation centres have not been designed for long-term reception of asylum-seekers and are not conducive to family life. Moreover, asylum-seekers under the DPS are denied access to social welfare (e.g. rent supplement and child benefit) and the right to work. Ensuring access to the labour market is an essential element of complying with the International Covenant on Economic, Social and Cultural Rights (art. 6), which set outs compulsory obligations for all States and which should take priority over political concerns such as the "pull factor" for new asylum-seekers. (Paragraph 90)

Unaccompanied children: The independent expert welcomes the recent introduction of provisions to place unaccompanied separated children in foster care, and calls on the State to ensure that appropriate training and monitoring mechanisms are in place to ensure the best interests of the child are given priority in all matters affecting asylum-seeking and refugee children. (Paragraph 94)

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UN Special Rapporteur on the Right to Freedom of Opinion and Expression
Mr. Abid Hussain
(E/CN.4/2000/63/Add.2)

Country visit: 18 October – 22 October 1999
Report published: 10 January 2000

International obligations: International agreements ratified by Ireland are not self-executing and the provisions of the International Covenants on Human Rights cannot be invoked before, or directly enforced by, the courts. (Paragraph 9)

Internet related issues: With reference to the Internet, the Child Trafficking and Pornography Act, 1998, applies to the material disseminated over the Internet. The Taoiseach (Prime Minister) requested the Minister for Justice, Equality and Law Reform to establish a Working Group on the Illegal and Harmful Use of the Internet. The first report of this Working Group published in July 1998 proposed a package of strategic measures to respond in an appropriate way to the illegal and harmful use of the Internet. (Paragraph 17)

In 1997, the Government set up a Working Group on the Illegal and Harmful Use of the Internet, composed of representatives from both the public and the private sector. One of the main concerns for the Working Group was to set a balance between ensuring that Ireland can benefit from the enormous advantages that the Internet offers and, at the same time, protecting users, in particular children, from its illegal and harmful use. The Working Group in its first report made a list of illegal uses of the Internet, which can include actions causing injury to children (child pornography, child trafficking); actions causing injury to human dignity (incitement to racial hatred); illegal gambling; infringements of privacy and intellectual property rights; libel; and threats to economic security, information security and national security. According to the Working Group, laws should be applied against illegal uses of the Internet. The interpretation of "harmful" is more subjective and culturally specific. So in cases of "harmful" uses of the Internet, it should be the filtering mechanisms within the technology itself which should examine and reject unsuitable information. (Paragraph 35)

The Child Trafficking and Pornography Act, 1998, is one of the first Irish legislative initiatives to deal with Internet. It creates several offences relating to child pornography. It provides that Internet service providers may be accused either of causing or facilitating the distribution, import or export of child pornography or the storage of such material. However, the Special Rapporteur was informed that it is very difficult for Internet service providers to control what their users access and they may be faced with a choice between prosecution and disconnecting Ireland from the Internet. (Paragraph 37)

Censorship: Censorship of films and videos is exercised under the Censorship of Films Act, 1923
to 1992, and the Video Recordings Act, 1989 and 1992. The Official Censor of Films, appointed by the Minister of Justice, must screen and classify all films and videos before they can be sold or shown in Ireland. The Special Rapporteur was informed during a meeting with one of the Assistant Censors that now, however, the focus is more on child protection and on classifying contents in order to allow people greater choice. As concerns movies, in the last years only half a dozen movies were prohibited,7 generally for reasons of gratuitous violence, such as Natural Born Killers, directed by Oliver Stone. In general, other films which may fall in these categories are either subject to a higher classification or to cuts, for instance, when they show techniques which younger people could imitate copycat-like. With regard to videos, the Official Censor prohibits hard-core pornography. A nine-member Appeal Board, always appointed by the Minister of Justice, reviews appeals to the decisions taken by the Censor within a three-month period. (Paragraph 39)

Lack of information on health and childcare: Concerns were expressed to the Special Rapporteur on the inadequate provision of information regarding health-care issues affecting women including medical conditions, available prognoses and treatment options. Furthermore, the Special Rapporteur was informed of a lack of information regarding childcare benefits and childcare options, as well as women's rights under the social welfare system. Concerns were expressed that in relation to the latter, the lack of information runs the risk of excluding women from social welfare services including job schemes. The Special Rapporteur was encouraged to learn of the availability of information, including legal and medical information, regarding rape and sexual assault issued by the Dublin Rape Crisis Centre. He believes that all women should have the possibility of accessing such information, particularly rural women, women asylum-seekers and women members of the Traveller community. (Paragraph 60)