IRELAND: Council of Europe criticises human rights record

[1 May 2008] - The Council of Europe has strongly criticised Ireland's record on human rights and has called on the Government to take action on issues such as the treatment of asylum seekers and the detention of children in adult jails.

The Human Rights Commissioner for the Council called on the Government to implement a national action plan in a bid to improve human rights here.

Commissioner Thomas Hammarberg compiled his report following an official visit to Ireland in November 2007,as part of a programme of regular country missions by the Commissioner to all member states to assess how they deal with human rights.

His recommendations cover a range of topics from the protection of children and the treatment of asylum seekers in Ireland to the use of detention and anti-social behaviour orders.

Call to ban corporal punishment

They include a call for the prohibition of corporal punishment of children and an end to the imprisonment of children in adult facilities.

The report also highlighted the need for increasing choice in the educational system, particularly to take account of cultural and religious differences.

Mr Hammarberg described the current lack of a choice as a problem, and expressed concern about the segregation of non-Catholic migrants in education.

"The growing diversity of Irish society has seen an increase in the demand for multi-denominational or non-denominational schools that the current practical and legislative infrastructure is unable to meet, in particular when schools are obliged to enrol Catholic applicants first. The European Commission against Racism and Intolerance has recommended that the greater demand for non-denominational or multi-faith schools should be met, " he said.

The Commissioner noted that Ireland has not signed or ratified a number of conventions aimed at enhancing the protection of the rights of foreign workers and migrants, including the Convention on the Participation of Foreigners in Public Life at Local Level, the Convention on the Legal Status of Migrant Workers and the International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families. Mr Hammarberg asked that the Government reconsider these treaties.

Mr Hammarberg also made a number of recommendations regarding asylum seekers, including the introduction of temporary work permits, and the provision of family accommodation to those families with children seeking asylum in Ireland.

Missing children

The report highlighted the Commissioner’s “deep concern” regarding the high number of children who have gone missing from accommodation centres in Ireland.

“A child who finds him or herself in the care of the state should be afforded an equal level of protection and rights as Irish children, while particular attention needs to be paid to the prevention of disappearances,” he said. “Unaccompanied minors lack the protection normally provided by families and are consequently particularly vulnerable. This is even more so when children have been traumatised through forced participation in armed conflict.”

He recommended that accommodation centres be staffed by vetted and professional personnel, and that children should be made aware of the dangers of human trafficking. “Moreover, the provision of guardians ad litem for each child would benefit the objective of preventing disappearances as well,” he concluded.

Other recommendations include the the effective protection of Travellers against discrimination and racism under national and international law, a review of anti-social behaviour orders and their independent monitoring and the provision to allow racial motivation in crimes to be considered an aggravating circumstance in Irish law.

Further information

pdf: https://wcd.coe.int/ViewDoc.jsp?id=1283555&Site=CommDH&BackColorInternet...

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