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Summary: This report extracts mentions of children's rights issues in the reports of all UN Treaty Bodies and their follow-up procedures. This does not include the Concluding Observations of the UN Committee on the Rights of the Child which are available here: http://www.crin.org/resources/treaties/index.asp
Please note that the language may have been edited in places for the purpose of clarity.
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- UN Human Rights Committee
- UN Committee on Economic, Social and Cultural Rights
- UN Committee on the Elimination of Racial Discrimination
- UN Committee on the Elimination of Discrimination against Women
- UN Committee against Torture
- UN Committee on Migrant Workers
- UN Committee on the Rights of Persons with Disabilities
- UN Committee on Enforced Disappearance
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(CCPR/C/IRL/CO/3)
Last reported: 14 and 15 July 2008
Concluding Observations adopted: 30 July 2008
Domestic violence: The Committee, while noting the considerable efforts made by the State party in combating domestic violence, is still concerned about the continuing impunity due to high withdrawal rates of complaints and few convictions. It also regrets the lack of gender-based statistics with regard to complaints, prosecutions, and sentences in matters of violence against women. (arts. 3, 7, 23, 26)
The State party should continue to strengthen its policies and laws against domestic violence and prepare adequate statistics, including sex, age and family relationship of victims and perpetrators. Furthermore, it should increase the provision of services to victims, including rehabilitation. (Para. 9)
Abortion: The Committee reiterates its concern regarding the highly restrictive circumstances under which women can lawfully have an abortion in the State party. While noting the establishment of the Crisis Pregnancy Agency, the Committee regrets that the progress in this regard is slow. (arts. 2, 3, 6, 26)
The State party should bring its abortion laws into line with the Covenant. It should take measures to help women avoid unwanted pregnancies so that they do not have to resort to illegal or unsafe abortions that could put their lives at risk (article 6) or to abortions abroad (articles 26 and 6). (Para. 13)
Trafficking: While the Committee takes note of the positive measures adopted concerning trafficking in human beings, such as the establishment of an Anti-Human Trafficking Unit and the provision of training to border guards, immigration officers, and trainees in these fields, the Committee is concerned about the lack of recognition of the rights and interests of trafficking victims. It is particularly concerned about lesser protection for victims not willing to cooperate with authorities under the criminal law (human trafficking) bill 2007. (arts. 3, 8, 24, 26)
The State party should continue to reinforce its measures to combat trafficking of human beings, in particular by reducing the demand for trafficking. It should also ensure the protection and rehabilitation of victims of trafficking. Moreover, the State party should ensure that permission to remain in the State party is not dependent on the cooperation of victims in the prosecution of alleged traffickers. The State party is also invited to consider ratifying the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organised Crime. (Para. 16)
Treatment of asylum-seeking children: The Committee is concerned about increased detention periods for asylum-seekers under the Immigration Act 2003. The Committee also notes with concern that an immigration officer's assessment that a person is not under 18 years of age could lead to the detention of that person and that such assessments are not verified by social services. Moreover, it is concerned about the placement of persons detained for immigration-related reasons in ordinary prison facilities together with convicted and remand prisoners and about their subjection to prison rules. (arts. 10, 13)
The State party should review its detention policy with regard to asylum-seekers and give priority to alternative forms of accommodation. The State party should take immediate and effective measures to ensure that all persons detained for immigration- related reasons are held in facilities specifically designed for this purpose. The State party should also ensure that the principle of the best interests of the child is given due consideration in all decisions concerning unaccompanied and separated children and that social services, such as the Health Service Executive, are involved in the age assessment of asylum-seekers by immigration officials. (Para. 17)
Religious schools: The Committee notes with concern that the vast majority of Ireland's primary schools are privately run denominational schools that have adopted a religious integrated curriculum thus depriving many parents and children who so wish to have access to secular primary education. (arts. 2, 18, 24, 26)
The State party should increase its efforts to ensure that non-denominational primary education is widely available in all regions of the State party, in view of the increasingly diverse and multi-ethnic composition of the population of the State party. (Para. 22)
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UN Committee on Economic, Social and Cultural Rights
E/C.12/IRL/CO/3
Last Reported: 8 and 9 June 2015 Concluding Observations issued: 19 June 2015
Asylum-seekers: The Committee regrets that the International Protection Bill has not yet been adopted. It is concerned at the poor living conditions and the lengthy stay of asylum-seekers in Direct Provision centres, originally designed as a short-term arrangement and run by private actors, which have a negative impact on their right to family life, their mental health and their children’s best interests. It is also concerned at the restrictions asylum-seekers face in accessing employment, social security benefits, healthcare services and education (art. 2.2). The Committee recommends that the State party: (a) Expedite the adoption of the International Protection Bill with a view to introducing a single procedure to assess and determine without undue delay all forms of protection status for asylum-seekers as well as to strengthening the protection and promotion of their economic, social and cultural rights; (b) Improve the living conditions in Direct Provision centres, including through the regular inspections of such centres and making the private actors accountable for their actions and omissions, and address mental health issues of asylum-seekers; (c)Take necessary steps to improve the reception of asylum-seekers with a view to ensuring their economic, social and cultural rights and facilitating their integration into the society. (Paragraph 14)
Maternity benefits and childcare services: The Committee is concerned that not all women workers are covered by the maternity benefits scheme and that paternity leave is not statutory. It is also concerned at the very high cost of childcare services provided by private actors and the lack of affordable public childcare services in the State party (art. 10). The Committee recommends that the State party review the maternity benefits scheme with a view to ensuring that all women workers benefit from the scheme and expedite the enactment of the Family Leave Bill to ensure statutory entitlement to all family-care related leaves, including paternity leave. It also recommends that the State party take all necessary measures to meet the childcare needs of families, including through expanding affordable public care services. (Paragraph 23)
Poverty: The Committee is concerned at the increase in the number of people living in consistent poverty or at-risk-of-poverty, particularly among children, single-parent families, older persons, persons with disabilities, migrants, Travellers and Roma. It is also concerned at the lack of integration of economic, social and cultural rights into the poverty reduction policies as well as at the absence of concrete policies addressing the specific needs of the affected groups (art. 11).The Committee recommends that the State party step up its efforts to reduce poverty, with a special attention to disadvantaged and marginalized individuals and groups, including through the adoption of poverty reduction programmes and strategies with concrete targets and a time-frame for implementation. It further recommends that the State party integrate a human rights based approach in all poverty reduction programmes and strategies, guaranteeing entitlements to individuals and ensuring accountability. (Paragraph 24)
Food insecurity and malnutrition: The Committee is concerned at the increase in food insecurity and malnutrition among disadvantaged families, including single-parent families and families with children and at the high cost of healthy food in the State party, which puts these families at risk of obesity (art. 11). The Committee recommends that the State party take concrete measures to address the critical food and nutritional needs of disadvantaged families and expedite the adoption of a national action plan on food security and nutrition in line with the 2004 Voluntary Guidelines to support the progressive realization of the right to adequate food in the context of national food security. (Paragraph 25)
Adequate housing: The Committee is concerned at the overall difficult housing situation in the State party, which includes: (a) The continuing gaps between availability and demand for social housing, which result in a long waiting list for social housing; (b) The increased costs of rental housing and reduced family incomes; (c) The ineffective social support programmes, such as the Rent Supplements and the Housing Assistance Payment, which do not reflect rent increases; (d) The increasing number of long-term mortgage arrears; (e) The growing number of families and children that are, or at the risk of being, homeless, as a result of the lack of social housing and the inadequate levels of rent supplement; and (f) The lack of effective complaint mechanisms for local authority tenants on tenancy-related issues. The Committee is also concerned at the lack of culturally appropriate accommodation provided to Travellers and Roma and of adequate legal protection of Traveller families at risk of eviction (art. 11). The Committee draws the State party’s attention to its general comments No. 4 (1991) on the right to adequate housing and No. 7 (1997) on the right to adequate housing: forced evictions and recommends that the State party: (a) Review policies with a view to making them more effective in responding to the real needs of the population, especially disadvantaged and marginalized individuals and groups; (b) Step up its efforts to increase the number of social housing units so as to satisfy the high demand and to reduce the long waiting list; (c) Consider introducing legislation on private rent and increasing the Rent Supplement levels; (d) Consider introducing banking regulations in order to strengthen protection for mortgage borrowers in arrears, including through the provision of an independent appeal system to assist such borrowers in negotiating, with legal and financial advice, an equitable arrangement with their lenders to address their arrears situations; (e) Take all necessary measures to meet the critical needs of those who are, or at the risk of being, homeless; and (f) Establish effective complaint mechanisms for local authority tenants on housing issues. The Committee also reiterates its previous recommendations (E/C.12/1/Add.77, paras. 32-33) that the State party take steps to provide Travellers and Roma with culturally appropriate accommodation in consultation with them and ensure that the funding allocated to Traveller housing at local level is fully and appropriately spent to this end. (Paragraph 26)
Healthcare services: The Committee is concerned at the overall deteriorating healthcare services, affected by significant budget cuts in public health in recent years, and at the negative impact on the access of disadvantaged and marginalized individuals and groups to adequate healthcare, in particular: .... (d) The poor health state of Travellers and Roma, particularly their life expectancy and infant mortality which are respectively 15 years less and more than three times higher than the general population (art. 12). The Committee recommends that the State party take all necessary measures to improve, in both qualitative and quantitative terms, its public healthcare services, including through increasing public spending on healthcare, introducing a common waiting list for treatment in publicly funded hospitals for privately and publicly insured patients, and expediting the introduction of a universal health services system and community-based health services. It also recommends that the State party strengthen the Health Information and Quality Authority to ensure quality health services and take effective measures without delay to reduce the disparity between Travellers and Roma and the general public in health and access to health services. (Paragraph 27)
Mental health: The Committee is concerned at the significant lack of funding and at the inadequate legal framework for mental health as well as at the delay in implementing a national mental health policy, ‘A Vision for Change’. It is also concerned at the admission of children with mental health difficulties to psychiatric facilities for adults (art. 12).The Committee recommends that the State party revise the Mental Health Act 2001, in light of the recommendations of the Expert Group Review of the Mental Health Act 2001 and expedite the implementation of ‘A Vision for Change’ through the allocation of sufficient resources. It also recommends that the State party take immediate measures to separate child patients from adults in psychiatric facilities. (Paragraph 28)
Right to education: The Committee is concerned at the discrimination faced by children with disabilities, migrant children, children belonging to a religious minority, Traveller and Roma children, including: (a) Legal provisions, such as Section 7 of the Equal Status Acts 2000, which allow schools to give preference to admission of students based on religion; (b) Discriminatory criteria against children with special educational needs contained in many admissions policies and the lack of a regulatory framework; and (c) Adverse effects of the austerity measures on the education sector, including the reduced number of teachers, rationalization of teacher/student support services, abolition of grants to schools, increase in transport charges and reduced allowance for clothing and footwear, which further restrict disadvantaged children from attending schools (arts. 13 and14). The Committee recommends that the State party: (a) Take all necessary measures to bring all relevant laws, including the Equal Status Acts 2001 and the Education (Admission to Schools) Bill 2015 in line with the international human rights standards and to increase the number of non-denominational schools at the primary and post-primary education levels; (b) Review admissions policies of all schools with a view to removing all discriminatory criteria for enrolment and establish a regulatory mechanism to monitor school policies, including admissions policies; and (c) Revoke the austerity measures which affect disproportionately disadvantaged children. (Paragraph 30)
Traveller children: The Committee is concerned at the prevalence of Traveller children and children with disabilities in the Delivering Equality of Opportunity in Schools (DEIS) and their disproportionately low level of entry to high education. It is also concerned at the high rate of Traveller children who leave school before the age of 15. The Committee recommends that the State party step up its efforts to enhance the inclusive education for all, including the implementation of the 2004 Education for Persons with Special Education Needs Act, to ensure the equal opportunities of all children to quality education. (Paragraph 31)
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E/C.12/1/Add. 77
Last Reported: 1 and 2 May 2002 Concluding Observations issued: 5 June 2002
This report contains no mention of children’s rights. ____________________________________________________________
UN Committee on the Elimination of Racial Discrimination
CERD/C/IRL/Q/3-4
Last reported: 22 and 23 February 2011
Concluding Observations adopted: 4 April 2011
Access to services for Travellers: While noting the efforts made so far by the State party to understand the issues affecting Travellers through the Survey of Traveller Education Provision in Irish Schools (STEP) and the All-Ireland Traveller Health Study, the Committee regrets that efforts made to improve the welfare of Travellers have not substantially improved their situation. The Committee notes with regret the poor outcomes in the fields of health, education, housing, employment for Travellers as compared to the general population. (art. 5(e))
The Committee recommends that the State party strengthen its efforts to implement the policy advice offered by the National Traveller Monitoring and Advisory Committee. The State party should ensure that concrete measures are undertaken to improve the livelihoods of the Traveller community by focusing on improving students' enrolment and retenti on in schools, employment and access to health care, housing and transient sites. (Para. 13)
Unaccompanied children: While noting the various efforts that have been made by the State party through the Health Service Executive (HSE) to protect the rights of separated and unaccompanied children seeking asylum, the Committee regrets that legislation in this area does not provide adequate protection as required by the standards set by the Office of the United Nations High Commissioner for Refugees (UNHCR). In this context, the Committee notes with concern the lapsing of the Immigration, Residence and Protection Bill 2010, which presented the opportunity to amend the Child Care Act 1991 in order to outline the legal obligations of the HSE towards these children. (arts. 2 and 5)
The Committee recommends that the State party enact legislation that adequately protects the rights and welfare of separated and unaccompanied children seeking asylum in line with the standards set by international law. The Committee, therefore, invites the State party to adopt immediate measures to ensure that a guardian ad litem or advisor be appointed for all separated and unaccompanied children irrespective of whether they have made a protection application or not. (Para. 22)
Family reunification: The Committee regrets that notwithstanding the existence of the Refugee Act of 1996, there is no legal framework for family reunification, which is currently handled on a non-statutory basis. The Committee also regrets the current narrow meaning ascribed to the word 'family' for purposes of family reunification. The Committee further regrets the lapsing of the Immigration Residence and Protection Bill which provided that family reunification would be provided for in a statutory instrument. (arts. 2, para. (2) and 5 (d)(iv), 6)
The Committee recommends that the State party adopt legislation that would elaborate the principles, rights and obligations governing family reunification. In this regard, the State party is encouraged to assign the responsibility of dealing with applications for family reunification to an independent authority that would follow due process, and develop a system that would provide an appellate procedure to challenge its decisions. (Para. 25)
Religious education: The Committee recalls its previous concluding observations (CERD/C/IRL/CO/2) and notes with concern that the education system in the State party is still largely denominational and is mainly dominated by the Catholic Church. The Committee further notes that non-denominational or multi-denominational schools represent only a small percentage of the total, and regrets that, according to reports, there are not enough alternative schools, and students of the Catholic faith are favoured for enrolment into Catholic schools over students of other faiths in case of shortage of places. The Committee further expresses its regret that the provisions of the Equal Status Act give the power to schools to refuse to admit students to denominational schools on grounds of religion, if it is deemed necessary to protect the ethos of the school. (arts. 2, 5(d)(vii) and 5(e)(v))
Recognising the 'intersectionality' between racial and religious discrimination, the Committee reiterates its previous concluding observations (CERD/C/IRL/CO/2) and recommends that the State party accelerate its efforts to establish alternative non- denominational or multi-denominational schools and to amend the existing legislation that inhibits students from enrolling into a school because of their faith or belief. The Committee further recommends that the State party encourage diversity and tolerance of other faiths and beliefs in the education system by monitoring incidents of discrimination on the basis of belief. (Para. 26)
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UN Committee on the Elimination of Discrimination against Women
CEDAW/C/IRL/CO/6-7
Report published: 3 March 2017
Last reported: 16 September 2016
Positive developments: The Committee welcomes the adoption of the following legislation: The Children and Family Relationships Act, in 2015, which protects the rights of children of diverse families, including girls, in relation to guardianship and custody; The Optional Protocol to the Convention on the Rights of the Child on a communications procedure, in 2014; The United Nations Convention against Transnational Organised Crime and the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children (paras 3, 4, 6).
Access to justice: The Committee regrets: that, notwithstanding the establishment of non-statutory Inter-Departmental Committee on a Magdalene Laundries and the adoption of the Redress for Women in Certain Institutions Act of 2015, the State party has failed to establish an independent, thorough and effective investigation, in line with international standards, into all allegations of abuse, ill-treatment or neglect of women and children in the Magdalene Laundries in order to establish the role of the State and the church in the perpetration of the alleged violations; The Committee, therefore, urges the State party to conduct prompt, independent and thorough investigations, in line with international human rights standards, into all allegations of abuse in Magdalene laundries, children’s institutions, Mother and Baby homes, and symphysiotomy in order to prosecute and punish the perpetrators of those involved in violations of women’s rights, and ensure that all victims/survivors of such abuse obtain an effective remedy, including appropriate compensation, official apologies, restitution, satisfaction, and rehabilitative services (paras 14, 15).
Stereotypes and harmful practices: The Committee is concerned that medically irreversible and unnecessary sex-assignment surgery and other treatments are reportedly performed on intersex children. The Committee recommends that the State party develop and implement an appropriate rights-based health-care protocol for intersex children, which ensures that children and their parents are properly informed of all options and that children are, to the greatest extent possible, involved in decision-making about medical interventions and that their choices are fully respected (paras 24, 25).
Gender-based violence against women: The Committee commends the State party on its efforts to address gender-based violence against women such as the development of the Second National Strategy on Domestic, Sexual and Gender-based Violence 2016-2021 and the establishment of Tusla (the Child and Family Agency), which has a mandate to coordinate domestic and sexual violence victim services. The Committee recommends that the State party Intensify existing efforts to combat gender-based violence against women, including domestic violence, by ensuring that prosecutors and the police are properly trained to identify, investigate and prosecute cases of gender-based violence, including domestic violence, particularly targeting Traveller, Roma and migrant women and girls (paras 26, 27).
Trafficking and exploitation of prostitution: The Committee is concerned that the State party remains a source and destination country for trafficking of women and girls for purposes of sexual, labour exploitation and criminal activity. The Committee recommends that the State party effectively implement existing legislation on trafficking in persons by ensuring that cases are thoroughly investigated and that the perpetrators are prosecuted and adequately punished; The Committee notes that the State party has developed the Criminal Law (Sexual Offence) Bill 2015, which criminalises the purchases of sexual services. The Committee notes that the objective of this law is to reduce the demand of sexual services, which allegedly drives trafficking and the exploitation of women and girls for purposes of prostitution. The Committee also notes that the impact of the Criminal Law (Sexual Offence) Bill 2015 is subject for review after 3 years of implementation. However, the Committee is concerned at the lack of information on the impact of existing laws in addressing the exploitation of prostitution in the State party (paras 30, 31).
Participation in political and public life: The Committee recommends that the State party introduce temporary special measures, including quotas, which should be used in conjunction with other policy measures to ensure de facto change such as civic education programmes, mentoring and training programmes, childcare and eldercare, and financial support to women who aspire for decision making positions (para 35).
Education: The Committee welcomes the number of measures taken to further improve women’s and girls’ access to quality education such as the Better Outcomes, Brighter Futures (2014-2016), which acknowledges the need to pay particular attention to the need to develop girls’ skills in science, technology, engineering and mathematics (STEM). It also welcomes that a number of academic institutions have signed up to the Athena SWAN Charter, which seeks to advance women’s careers in STEM. The Committee further welcomes the introduction of a new short course in Social, Personal and Health Education (SPHE) for the junior cycle. Nevertheless, the Committee is concerned at the gender-approach of the apprenticeship training programme, which effectively attracts few women and girls; The fact that Traveller Roma and migrant women and girls have low levels of education (para 38).
The Committee recommends that the State party strengthen its strategies, including through the use of temporary special measures, to address discriminatory stereotypes and sexism in the field of education that deter women and girls from pursuing a career in education and rising to the higher echelons of academic positions; Ensure that the 2014 Review of Apprenticeship Training in Ireland report informs the development of a gender-neutral approach to apprenticeship and that the implementation of the Ireland’s National Skills Strategy 2015 focuses on increasing the participation of women and girls in apprenticeships; Integrate compulsory and standardised age-appropriate education on sexual and reproductive health and rights into school curricula, including comprehensive sex education for adolescent girls and boys covering responsible sexual behaviours and focused on preventing early pregnancies; and ensure that it is scientifically objective and its delivery by schools is closely monitored and evaluated;Take appropriate remedial action to address the low levels of education attainment among Traveller, Roma and migrant women, including through the use of temporary special measures, such as scholarships, and non-stereotypical career counselling consultation on educational plans and processes; and provide information in the next periodic report on the impact of the Education (Admissions to Schools) Bill 2016, particularly the past-pupil criteria, on access to education by Traveller, Roma and migrant women and girls (para 39).
Employment: The Committee is particularly concerned at the limited availability of affordable child care notwithstanding the increased funding for child care services and the introduction of the Early Childhood Care and Education (ECC) Programme; Reports of the exploitation of women and girls in Au pair industry by unscrupulous recruitment agents; The Committee recommends that the state intensify efforts to promote the use of shared parental leave to encourage men to participate equally in child care responsibilities; and ensure child care services are affordable and readily available in all parts of the State party (paras 40, 41).
Health: he Committee welcomes the steps taken by the State party to improve healthcare for women and girls in the State party. Women and girls are compelled to travel outside the State party to obtain an abortion in countries where it is legally available on wider grounds; Women and girls without means to travel outside the State party to obtain an abortion, such as poor women, asylum seekers and migrant women and girls, may be compelled to carry their pregnancies to full term or to undertake unsafe abortion which may lead to severe mental pain and suffering; The Committee is concerned at some reports that child delivery is highly medicalised and dependent on the use of artificial methods to accelerate the process such that women are made to deliver babies within 8 hours of hospitalization due to lack of resources in hospitals; The Committee recommends that the State party ensure that women can have access to maternity and delivery services without time pressure or being exposed to artificial methods of accelerating births; and provide information in the next periodic report on the strategic plan aimed at launching a widely supported maternity health-care policy and programme respecting the birth process (paras 42, 43, 44, 45).
Economic and social benefits: The habitual residence condition hinders entitlement to child benefit payments by Roma and migrant women. The Committee calls on the State party to assess the impact of the habitual residence condition, which hinders entitlement to child benefit payments, particularly for Roma and migrant women (paras 46, 47).
Traveller women: The Committee notes with concern that Traveller women and girls continue to register poor outcomes in the fields of health, education, housing and employment as compared to the general population in the State party. The Committee regrets that the Housing (Traveller Accommodation) Act of 1993 has not been revised in order to sanction authorities when they fail to take measures to provide accommodation for Travellers. The Committee recommends that the State party take concrete measures to improve health, education, housing and employment outcomes for Traveller women and girls, including by ensuring that the new National Traveller and Roma Inclusion Strategy has clear indicators and benchmarks and that its implementation is monitored and regularly evaluated. The State party should also consider revising the Housing (Traveller Accommodation) Act of 1993 in order to sanction authorities when they fail to take measures to provide accommodation for Travellers (paras 48, 49).
The Committee is concerned that the Traveller community is yet to be recognised as an ethnic group, which affects efforts in addressing intersecting forms of discrimination that Traveller women and girls face in the State party. The Committee recommends that the State party, without delay, recognise the Traveller community as an ethnic group and ensure that appropriate measures are taken to address intersecting forms of discrimination that Traveller women and girls face in the State party (para 50, 51).
Rural women: The Committee is concerned at the lack of information on specific measures being taken to address the barriers that rural women face in agriculture and land ownership. The Committee is also concerned at reports that rural women face difficulties in accessing social services including access to public transport, childcare, health services, employment, education and training. The Committee recommends the State Party to ensure the integration of a gender perspective in the new Action Plan for Rural Ireland currently being developed and to provide information in its next periodic report on the overall situation of rural women highlighting the impact of the measures taken to improve on rural women’s land ownership and participation in agriculture as well as access to social services including public transport childcare, health services, employment, education and training (paras 54, 55).
Marriage and family relations: The Committee is concerned that there is no data on the economic consequences of divorce on women and girls in light of reports of increasing rates of poverty among single mothers. The Committee recommends that the State party consider establishing a statutory maintenance authority and prescribing amounts for child maintenance in order to reduce the burden of women to litigate for child maintenance orders (paras 56, 57).
CEDAW/C/IRL/CO/4-5
Concluding Observations adopted: 22 July 2005
Education: Owing to the increased focus on the education of girls, women now constituted the majority of graduates in many fields at the tertiary level, and girls outperformed boys at the national baccalaureate. The number of women in full-time education was higher than that of men. Despite those successes, women remained underrepresented in the engineering and technology sectors and in senior education management positions. Strategies and initiatives for increasing their numbers in those fields were under consideration, as were ways to support female teachers wishing to enter administrative and management roles. (Para. 4)
Violence against women and girls: While acknowledging the efforts made to address violence against women, including legislative measures, refuges and rape crisis centres, research and awareness-raising initiatives, the Committee is concerned about the prevalence of violence against women and girls, low prosecution and conviction rates of perpetrators, high withdrawal rates of complaints and inadequate funding to organisations that provide support services to victims. The Committee is also concerned that insufficient information was provided on the question of sexual harassment as requested in the previous concluding comments (A/54/38/Rev.1). The Committee is furthermore concerned about violence suffered by women from marginalised and vulnerable groups, including Traveller women, migrant women, asylum-seeking and refugee women and women with disabilities.
The Committee urges the State party to take all necessary measures to combat violence against women in conformity with the Committee's general recommendation 19 to prevent violence, punish offenders and provide services for victims. It recommends that the State party adopt without delay its strategic plan and systematically monitor and regularly evaluate its components, particularly in relation to marginalised and vulnerable women including Traveller women, migrant women, asylum-seeking women and refugee women and women with disabilities. The Committee recommends that sustained training and awareness-raising initiatives be carried out for public officials, the judiciary, health professionals and members of the public. The Committee also recommends that the State party closely monitor the incidence of all forms of violence against women, including sexual harassment. (Paras. 28 and 29)
Trafficking of women and girls: The Committee is concerned about trafficking in women and girls into Ireland, the lack of information on the extent of the problem and on specific legislation in this area, and the lack of a comprehensive strategy to combat it.
The Committee recommends the adoption and implementation of a comprehensive strategy to combat trafficking in women and girls, which should include preventive measures, the prosecution and punishment of offenders and the enactment of specific legislation in the area. The Committee also recommends that measures be put in place to provide for the physical, psychological and social recovery of women and girls who have been victims of trafficking, including the provision of shelter, counselling and medical care. It further recommends that border police and law enforcement officials be provided with the requisite skills to recognise and provide support for victims of trafficking. The Committee requests the State party to provide in its next report comprehensive information and data on trafficking in women and girls and on the measures taken to combat the phenomenon. (Paras. 30 and 31)
Child care: While acknowledging the initiatives taken by the State party to foster women's participation in employment, including the Equal Opportunities Childcare Programme, 2000-2006, the Committee is concerned that women remain disadvantaged in the labour market. It is particularly concerned that they are concentrated in part-time and low-paid work and that the pay gap between women and men, although recently reduced, is still significant. The Committee is further concerned about the precarious situation of migrant domestic workers, the vast majority of whom are women, who are excluded from the protection against discrimination extended to employees under the Equality Act, 2004.
The Committee recommends that further measures allowing for the reconciliation of family and professional responsibilities be adopted and implemented, including the provision of affordable childcare, and that the equal sharing of domestic and family tasks between women and men be promoted. It also recommends that the State party adopt policies and concrete measures to accelerate the eradication of pay discrimination against women and to work towards ensuring de facto equal opportunities for women and men in the labour market. The Committee calls on the State party to ensure that women domestic workers, including migrant women, are duly protected against discrimination. (Paras. 36-37)
Abortion: While acknowledging positive developments in the implementation of article 12 of the Convention, in particular the Strategy to Address the Issue of Crisis Pregnancy (2003) that addresses information, education and advice on contraceptive services, the Committee reiterates its concern about the consequences of the very restrictive abortion laws under which abortion is prohibited except where it is established as a matter of probability that there is a real and substantial risk to the life of the mother that can be averted only by the termination of her pregnancy.
The Committee urges the State party to continue to facilitate a national dialogue on women's right to reproductive health, including on the very restrictive abortion laws. It also urges the State party to further strengthen family planning services, ensuring their availability to all women and men, young adults and teenagers. (Paras. 38 and 39)
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CAT/C/IRL/CO/2
Last reported: 27 September 2016
Concluding observations issued: 31 August 2017
Positive aspects
The Committee welcomes the State party’s accession to and ratification of the Optional Protocol to the Convention on the Rights of the Child on a communications procedure, in September 2014 (para. 3).
The Committee also welcomes the following measures taken by the State party since the examination of the previous report: the adoption of the Children (Amendment) Act 2015, repealing legislation that permitted the detention of children in adult prison facilities, and the closing of St. Patrick’s Institution for the detention of juveniles following the signing on 30 March 2017 of a ministerial order ending the sentencing of children to adult prisons in Ireland, on 7 April 2017; the adoption of the Criminal Justice (Female Genital Mutilation) Act, on 2 April 2012; and the Criminal Justice (Withholding of Information on Offences against Children and Vulnerable Persons) Act, which entered into force in August 2012; the adoption of the Child and Family Act, regarding protection and welfare services, in 2013; the establishment of the Child and Family Agency, on 1 January 2014; and the adoption of the Children First Act 2015, which removed the defence of “reasonable chastisement” from the laws regarding assaults on children (para 4, c, h, i).
Principal subjects of concern and recommendations
Pending follow-up questions from the previous reporting cycle
In paragraph 33 of its previous concluding observations (CAT/C/IRL/CO/1), the Committee requested Ireland to provide further information regarding areas of particular concern identified by the Committee. The Committee expresses its appreciation to the State party for providing information to the Committee on these issues (CAT/C/IRL/CO/1/Add.1 and Add.2). In the light of that information and the replies provided during the most recent dialogue with the Committee, the Committee considers that its recommendations relating to the provision of resources and ensuring the independence of the national human rights institution (now the Irish Human Rights and Equality Commission) have been substantially implemented. The Committee considers that its recommendations to implement the recommendations contained in the report of the Commission to Inquire into Child Abuse, known as the Ryan report, and to investigate allegations of torture and ill-treatment at reformatory and industrial schools operated by religious orders of the Catholic Church, prosecute and punish perpetrators of such abuse and provide redress to the victims have been partially implemented (see para. 23 of the present document). The Committee considers that its recommendations to investigate allegations of ill-treatment of women at the Magdalen laundries operated by religious orders of the Catholic Church, prosecute perpetrators and ensure that victims obtain redress and have an enforceable right to compensation have not been implemented (see para. 25). The Committee considers that its recommendations relating to the adoption of the Criminal Justice (Female Genital Mutilation) Bill, implementation of awareness-raising programmes on female genital mutilation and explicit recognition of female genital mutilation as amounting to torture have been partially implemented (see para. 33) (para 6).
Conditions of detention
While taking note of the decrease in the overall prison population and the measures taken to address overcrowding and improve material conditions, including the significant reduction in the number of prisoners required to slop out, the Committee is concerned that solitary confinement has been used for prolonged periods, including as a disciplinary measure (para. 15 c).
The State party should ensure that solitary confinement remains a measure of last resort, imposed for as short a time as possible, is never applied to juveniles, is under strict supervision and judicial review with clear and specific criteria for its use, and that prolonged and consecutive disciplinary sanctions of solitary confinement are strictly prohibited. (para 16, g).
Inter-prisoner violence
While noting the progress made to reduce the level of violence in prisons, the Committee is concerned at the violent incidents that took place in Oberstown detention centre for juveniles in 2016 and 2017; at the reported placement of juveniles presenting disciplinary issues for weeks in “single separation”, which may amount to solitary confinement (para 17, c and d).
The State party should: abolish solitary confinement of minors as a disciplinary measure, strengthen existing and develop new educational and rehabilitation programmes aimed at encouraging pro-social behaviour, and improve extra-regime activities for minors (para 18, d).
Investigations, accountability and redress in the context of reformatory and industrial schools: the Ryan report
Recalling the Committee’s previous recommendations concerning the report of the Commission to Inquire into Child Abuse, known as the Ryan report, and allegations of torture and ill-treatment at reformatory and industrial schools, and noting the provision of redress to more than 15,000 victims by the Residential Institutions Redress Board, the Committee remains seriously concerned that the State party did not provide further information in support of the statement that its authorities have carried out “a sizeable number of investigations” into allegations of abuse at institutions that have resulted in prosecutions and convictions of perpetrators, or information requested by the Committee on the steps the State party has taken to encourage victims of criminal acts to come forward. The Committee is also concerned that the Government has affirmed that it did not intend to continue to provide any funding that may be required for assistance to victims beyond 2019, at which point the redress scheme and Caranua, the State body responsible for providing assistance, will be dissolved (arts. 2, 4, 12, 12, 14 and 16) (para 23).
The State party should: encourage victims of abuse suffered in residential institutions to cooperate with the Garda and ensure that all participants in the redress scheme are aware that they are not “ gagged ” from doing so; collect data on all criminal investigations undertaken by the Garda into allegations of abuse at the institutions dealt with in the Ryan report, as well as on whether these allegations resulted in prosecutions and convictions and on any sentences handed down to perpetrators, and include this information in the State party’s next report to the Committee; ensure that the State party continues to fulfil its obligation to ensure that victims of torture or ill-treatment obtain redress , including the means for as full a rehabilitation as possible (para. 24).
Investigations, accountability and redress in the context of the Magdalen laundries
While noting the measures taken by the State party to address allegations of ill-treatment of women at the Magdalen laundries, including its creation of an ex gratia scheme that has provided over €25.5 million to 677 former Magdalen women to date, the Committee deeply regrets that the State party has not undertaken an independent, thorough and effective investigation into allegations of ill-treatment of women and children in the Magdalen laundries or prosecuted and punished the perpetrators, as recommended in its previous concluding observations. The Committee is concerned at reports that the State party has not undertaken sufficient efforts to uncover all available evidence of abuses held by private institutions, nor taken adequate steps to ensure that victims are able to access information that could support their claims because, in part, as the State party has acknowledged, “the records provided by the religious congregations were returned to them”. The Committee is also concerned that the State party’s ex gratia payment scheme does not apply to all women who worked in the Magdalen laundries and that survivors of the Magdalen laundries living outside Ireland may not be aware of its existence. The Committee also regrets that some of the recommendations made by Mr. Justice Quirke concerning redress for Magdalena survivors have not been fully implemented (arts. 2, 4, 12, 12, 14 and 16) (para 25).
The State party should: undertake a thorough and impartial investigation into allegations of ill-treatment of women at the Magdalen laundries that has the power to compel the production of all relevant facts and evidence and, if appropriate, ensure the prosecution and punishment of perpetrators; strengthen the State party’s efforts to ensure that all victims of ill-treatment who worked in the Magdalen laundries obtain redress, and to this end ensure that all victims have the right to bring civil actions, even if they participated in the redress scheme, and ensure that such claims concerning historical abuses can continue to be brought “ in the interests of justice ”; take further efforts to publicize the existence of the ex gratia scheme to survivors of the Magdalen laundries living outside Ireland; fully implement the outstanding recommendations on redress made by Mr. Justice Quirke; promote greater access of victims and their representatives to relevant information concerning the Magdalene laundries held in private and public archives; and provide information on these additional measures in the State party’s next report to the Committee (para. 26).
Accountability for past institutional abuses: Mother and Baby Homes
While the Committee appreciates the State party’s creation of a Commission of Investigation into Mother and Baby Homes in February 2015, it is concerned at reports that its terms of reference do not allow it to investigate all institutions in the country at which abuses, including forced and illegal adoptions, may have occurred and that following the expected conclusion of the Commission’s work in February 2018, its archives will be closed and will not be made available to the public (arts. 2, 4, 12, 13, 14 and 16) (para. 27).
The State party should ensure that it carries out an independent, thorough and effective investigation into any allegations of ill-treatment, including cases of forced adoption, amounting to violations of the Convention at all of the Mother and Baby Homes and analogous institutions, that perpetrators of any such acts are prosecuted and punished and that all victims of violations of the Convention obtain redress. The State party should ensure that information concerning abuses in these institutions are made accessible to the public to the greatest extent possible (para. 28).
Symphysiotomy
The Committee expresses concern about the past practice in the State party of subjecting women and girls to symphysiotomy childbirth operations, which entail surgical division of a pelvic joint, and at reports that this procedure has caused many survivors to experience severe pain and suffering that continues to the present. The Committee is concerned at reports that doctors declined to perform alternative procedures that would have caused substantially less pain and suffering for religious rather than medical reasons. While noting that the State party has commissioned studies concerning this practice and has established a symphysiotomy payment scheme from which more than 570 women have benefited, the Committee is concerned that it does not provide victims of this practice with payments calculated on the basis of an individualized determination of their needs (arts. 2, 12, 13, 14 and 16) (para 29).
The State party should initiate an impartial, thorough investigation into the cases of women who have been subjected to symphysiotomy, ensure that criminal proceedings are initiated with respect to any perpetrators of violations of the Convention and ensure that survivors of symphysiotomy obtain redress, including compensation and rehabilitation, determined on an individual basis (para. 30).
Violence against women, including domestic and sexual violence
While recalling the Committee’s previous concluding observations, and taking note of the report of the Citizens’ Assembly convened by the Government that is expected to be addressed in a referendum in the State party and of the debate taking place in Ireland on an eventual legislative reform regarding abortion, the Committee expresses concern at the severe physical and mental anguish and distress experienced by women and girls regarding termination of pregnancy as a result of the State’s policies (arts. 2, 4, 10, 12, 13, 14 and 16). (para 31).
The Committee recommends that the State party: ensure the provision of post-abortion health care for women irrespective of whether they have undergone an illegal or a legal abortion (para. 32, e).
Female genital mutilation
While the Committee welcomes the State party’s adoption of legislation criminalizing the removal of a girl from Ireland for the purpose of female genital mutilation and failing to report the crime to authorities, it remains concerned at reports that the law has not been used as a basis for prosecuting perpetrators, despite the fact that the number of women affected by female genital mutilation in Ireland has increased during the reporting period (para 33).
The Committee recommends that the State party investigate and prosecute the crime of removing a girl from Ireland for the purpose of committing female genital mutilation, step up its efforts to deter this practice and reconsider its position regarding amending the double criminality requirement in its domestic legislation, noting that another State party’s failure to criminalize the practice does not relieve Ireland of its obligations under the Convention (para 34).
CAT/C/IRL/CO/1
Last reported: 23 and 24 May 2011
Concluding Observations adopted: 17 June 2011
Child abuse: The Committee notes the efforts made by the State party concerning the plan it had adopted in 2009 in order to implement the recommendations of the report of the Commission to Inquire into Child Abuse, known as the Ryan Report. However, the Committee is concerned that, according to a statement made by the Ombudsman for Children in March 2011, significant commitments under the plan have yet to be implemented. The Committee is also gravely concerned that despite the findings of the Ryan Report that "physical and emotional abuse and neglect were features of the institutions" and that "sexual abuse occurred in many of them, particularly boys' institutions", there has been no follow-up by the State party. The Committee is also concerned that, despite the extensive evidence gathered by the Commission, the State party has forwarded only 11 cases to prosecution, out of which 8 were rejected (arts. 12, 13, 14 and 16).
The Committee recommends that the State party: (a) Indicate how it proposes to implement all the recommendations of the Commission to Inquire into Child Abuse and indicate the time frame for doing so; (b) Institute prompt, independent and thorough investigations into all cases of abuse as found by the report and, if appropriate, prosecute and punish perpetrators; (c) Ensure that all victims of abuse obtain redress and have an enforceable (Para. 20)
Magdalene laundries: The Committee is gravely concerned at the failure by the State party to protect girls and women who were involuntarily confined between 1922 and 1996 in the Magdalene Laundries, by failing to regulate and inspect their operations, where it is alleged that physical, emotional abuses and other ill-treatment were committed, amounting to breaches of the Convention. The Committee also expresses grave concern at the failure by the State party to institute prompt, independent and thorough investigations into the allegations of ill- treatment perpetrated on girls and women in the Magdalene Laundries. (arts. 2, 12, 13, 14 and 16)
The Committee recommends that the State party institute prompt, independent and thorough investigations into all complaints of torture and other cruel, inhuman or degrading treatment or punishment that were allegedly committed in the Magdalene Laundries and, in appropriate cases, prosecute and punish the perpetrators with penalties commensurate with the gravity of the offences committed, and ensure that all victims obtain redress and have an enforceable right to compensation, including the means for as full rehabilitation as possible. (Para. 21)
Children in detention: The Committee takes note of the policy of the State party to detain children in Children Detention Schools under the supervision of the Irish Youth Justice Service. However, the Committee is gravely concerned that 16- and 17-year-old males are still detained in St Patrick's Institution, which is a medium-security prison that is custodial rather than a care facility designed for children. The Committee is also concerned that despite its commitment to end the detention of young children in St Patrick's Institution, the State party has not yet finalised its decision to proceed with the construction of the new national children detention facilities. (arts. 2, 11 and 16)
The Committee recommends that the State party proceed, without any delay, with the construction of the new national children detention facilities at Oberstown. In the meantime, the Committee recommends that the State party take appropriate measures to end the detention of children in St Patrick's Institution and move them into appropriate facilities.
The Committee expresses deep concern that the Ombudsman for Children has no mandate to investigate allegations of acts in violation of the Convention at St Patrick's Institution, leaving children at that institution without access to any mechanism for lodging complaints. (arts. 12 and 13)
The Committee recommends that the State party review its legislation on the establishment of the Ombudsman for Children with a view to including in the mandate the power to investigate complaints of torture and ill-treatment of children held at St Patrick's Institution. (Paras. 22 and 23)
Corporal punishment: While taking note that corporal punishment is prohibited in schools and in the penal system, the Committee is gravely concerned that such punishment is lawful in the home under the common law right to use "reasonable and moderate chastisement" in disciplining children and also in certain alternative care settings (arts. 2 and 16).
The Committee recommends that the State party prohibit all corporal punishment of children in all settings, conduct public campaigns to educate parents and the general public about its harmful effects, and promo te positive non-violent forms of discipline as an alternative to corporal punishment.
Female genital mutilation: The Committee notes the intention of the State party to restore to the Seanad (parliament) Order Paper the Criminal Justice (Female Genital Mutilation) Bill which criminalises female genital mutilation (FGM) and provides for related offences, some of which confer on courts extraterritorial jurisdiction. However, the Committee regrets the lack of legislation prohibiting FGM, even though data based on a 2006 census indicates that about 2,585 women in the State party have undergone FGM (arts. 2 and 16)
The Committee recommends that the State party: (a) Expedite the restoration of the Criminal Justice (Female Genital Mutilation) Bill to the new Seanad Order Paper; (b) Implement targeted programmes with a view to sensitising all segments of the population about the extremely harmful effects of FGM; (c) Explicitly define under the law that FGM amounts to torture. (Paragraph 25)
Abortion: The Committee notes the concern expressed by the European Court of Human Rights about the absence of an effective and accessible domestic procedure in the State party for establishing whether some pregnancies pose a real and substantial medical risk to the life of the mother (case of A, B and C v. Ireland), which leads to uncertainty for women and their medical doctors, who are also at risk of criminal investigation or punishment if their advice or treatment is deemed illegal. The Committee expresses concern at the lack of clarity cited by the Court and the absence of a legal framework through which differences of opinion could be resolved. Noting the risk of criminal prosecution and imprisonment facing both the women concerned and their physicians, the Committee expresses concern that this may raise issues that constitute a breach of the Convention. The Committee appreciates the intention of the State party, as expressed during the dialogue with the Committee, to establish an expert group to address the Court's ruling. The Committee is nonetheless concerned further that, despite the already existing case law allowing for abortion, no legislation is in place and that this leads to serious consequences in individual cases,
The Committee urges the State party to clarify the scope of legal abortion through statutory law and provide for adequate procedures to challenge differing medical opinions as well as adequate services for carrying out abortions in the State party, so that its law and practice is in conformity with the Convention. (Para. 26)
Separated and unaccompanied minors: While taking note of information provided by the State party regarding the procedure to protect separated and unaccompanied minors under the mandate of the Health Service Executive, the Committee is deeply concerned that between 2000 and 2010, a total of 509 children went missing and only 58 were accounted for. The Committee further regrets the lack of information from the State party on the measures taken to prevent this phenomenon and to protect these minors from other forms of exploitation. (arts. 2 and 16)
The State party should take measures to protect separated and unaccompanied minors. It should also, in this regard, provide data on specific measures taken to protect separated and unaccompanied minors. (Para. 29)
Training of law enforcement personnel: While welcoming the information provided by the State party on the general training programmes for the Garda Síochána, the Committee is concerned at the lack of specific training of both law enforcement personnel, with regard to the prohibition of torture and ill- treatment, and medical officers, on the Manual on the Effective Investigation and Documentation of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (Istanbul Protocol) (arts. 2, 10 and 16).
The Committee recommends that the State party: (a) Ensure that law enforcement personnel are provided, on a regular and systematic basis, with the necessary training on the provisions of the Convention, especially with regard to the prohibition of torture; (b) Ensure that medical personnel and others involved in the custody, interrogation or treatment of any individual subjected to any form of arrest, detention or imprisonment, as well as other professionals involved in the documentation and investigation of torture, are provided, on a regular and systematic basis, with training on the Manual on the Effective Investigation and Documentation of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (Istanbul Protocol) and that the Manual is translated into all appropriate languages. The State party should also ensure that such training is also provided for individuals involved in asylum determination procedures;
The Committee further recommends that the State party: (c) Develop and implement a methodology to assess the effectiveness and impact of such educational and training programmes on the prevention of torture and ill-treatment and regularly evaluate the training provided for its law enforcement officials; (d) Strengthen its efforts to implement a gender-sensitive approach for the training of those involved in the custody, interrogation or treatment of women subjected to any form of arrest, detention or imprisonment; (e) Strengthen its efforts to ensure the training of law enforcement personnel and others on the treatment of vulnerable groups at risk of ill-treatment, such as children, migrants, Travellers, Roma and other vulnerable groups; (f) Strengthen professional training in hospitals, medical and social institutions. (Paragraph 30)
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UN Committee on Migrant Workers
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UN Committee on the Rights of Persons with Disabilities
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UN Committee on Enforced Disappearance
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