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Summary: The violations highlighted are those issues raised with the State by more than one international mechanism. This is done with the intention of identifying children's rights which have been repeatedly violated, as well as gaps in the issues covered by NGOs in their alternative reports to the various human rights monitoring bodies. These violations are listed in no particular order.
Scroll to: _______________________________________________ Child abuse and neglect While welcoming efforts undertaken by the State party to respond to the issue of child abuse and neglect, including the creation of guidelines on reporting child abuse, thorough investigations of all reported cases of child abuse and launching a nationwide awareness-raising campaign on child sexual abuse, the Committee remains concerned that no comprehensive national strategy or measures for the prevention of child abuse are in place and that there are delays in accessing support services. In the light of article 19 of the Convention, the Committee recommends that the State party: (a) Continue reviewing the Children First: National Guidelines, and consider their establishment on a statutory basis; (b) Ensure that all reported cases of abuse and neglect are adequately investigated and prosecuted and that victims of abuse and neglect have access to counselling and assistance with physical recovery and social reintegration; (c) Develop a comprehensive child abuse prevention strategy, including developing adequate responses to abuse, neglect and domestic violence; facilitating local, national, and regional coordination, and conducting sensitisation, awareness-raising and educational activities; and (d) Ensure that evaluation of all employees and volunteers working with children is undertaken prior to recruitment and that adequate support and training is provided for the duration of their employment. In the context of the Secretary-General's in-depth study on the question of violence against children, the Committee recommends that the State party use the outcome of the Regional Consultation for Europe and Central Asia held in Slovenia from 5 to 7 July 2005 as a tool for taking action, in partnership with civil society, to ensure that every child is protected from all forms of physical, sexual or mental violence, and for gaining momentum for concrete and, where appropriate, time-bound actions to prevent and respond to such violence and abuse. In addition, the Committee would like to draw the States party's attention to the report of the independent expert for the United Nations study on violence against children (A/61/299) and to encourage the State party to take all appropriate measures to implement the overarching recommendations as well as setting-specific recommendations contained in this report. (Paragraphs 36-38) UN Committee against Torture 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 (Paragraph 20) _______________________________________________ Domestic violence and violence against women and girls While welcoming efforts undertaken by the State party to respond to the issue of child abuse and neglect, including the creation of guidelines on reporting child abuse, thorough investigations of all reported cases of child abuse and launching a nationwide awareness-raising campaign on child sexual abuse, the Committee remains concerned that no comprehensive national strategy or measures for the prevention of child abuse are in place and that there are delays in accessing support services. In the light of article 19 of the Convention, the Committee recommends that the State party: (c) Develop a comprehensive child abuse prevention strategy, including developing adequate responses to abuse, neglect and domestic violence; facilitating local, national, and regional coordination, and conducting sensitisation, awareness-raising and educational activities; (Paragraphs 36 and 37) UN Human Rights Committee 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. (Paragraph 9) UN Committee on the Elimination of Discrimination against Women 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. (Paragraphs 28 and 29) _______________________________________________ UN Committee on the Rights of the Child (Concluding Observations, September 2006) While noting that the prohibition of corporal punishment within the family is under review and that parental educational programmes have been developed, the Committee is deeply concerned that corporal punishment within the family is still not prohibited by law. The Committee reiterates its previous recommendation (CRC/C/15/Add.85 para. 39) and urges the State party to: (a) Explicitly prohibit all forms of corporal punishment in the family; (b) Sensitise and educate parents and the general public about the unacceptability of corporal punishment; (c) Promote positive, non-violent forms of discipline as an alternative to corporal punishment; and (d) Take into account the Committee's general comment No. 8 (2006) on the right of the child to protection from corporal punishment and other cruel or degrading forms of punishment. (Paragraphs 39 and 40) UN Committee against Torture 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 promote positive non-violent forms of discipline as an alternative to corporal punishment. _______________________________________________ Detention of children While noting with appreciation the intention of the State party to provide for all detained children up to the age of 18 to be held in separate detention facilities – so-called Children Detention Schools – the Committee is deeply concerned that children aged 16 and 17 years are detained in St. Patrick Institution which is a closed, medium security detention centre for males aged 18 to 21 years, with no facilities for education. In addition, the Committee is concerned that the Ombudsman for Children is excluded from investigating complaints emerging from that institution and undertaking inspections of police stations. The Committee recommends that the State party make every effort to use detention as a last resort. Where detention is deemed unavoidable, the Committee recommends that the State party provide children under the age of 18 with separate detention facilities. The Committee encourages the State party to make every effort in order to include in the investigation and inspection mandate of the Ombudsman for Children all places of detention where children are currently held. (Paragraphs 72 and 73) UN Committee against Torture 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 and13). 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. (Paragraphs 22 and 23) _______________________________________________ Trafficking While noting the Child Trafficking and Pornography Act of 1998 and the 2006 Trafficking in Persons and Sexual Offences Bill, the Committee regrets the lack of specific information on the situation of children victims of abduction and sale or traffic for any purpose or in any form. In line with articles 34 and 35 of the Convention, the Committee reiterates the recommendation by the Committee on the Elimination of Discrimination against Women (CEDAW/C/IRL/CO/4-5) on, inter alia, the adoption and implementation of a comprehensive strategy to combat trafficking, and the measures to be put in place for the physical and psychological recovery and social reintegration of victims of trafficking, including the provision of shelter, counselling and medial care. The Committee requests the State party to provide in its next report further information and data on trafficking in particular with respect to children. (Paragraphs 76 and 77) UN Human Rights Committee 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. (Paragraph 16) UN Committee on the Elimination of Discrimination against Women 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. (Paragraphs 30 and 31) UN Special Rapporteur on the Right to Freedom of Opinion and Expression 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) _______________________________________________ Female Genital Mutilation The Committee notes with concern that some immigrant communities continue to practice female genital mutilation (FGM) in Ireland. The Committee strongly emphasises that FGM is a violation of the Convention. The Committee urges the State party to continue its efforts to end the practice of FGM, for example, through prohibiting FGM by law, including the possibility of extra- territorial jurisdiction, and implementing targeted programmes which sensitise all segments of the population about its extremely harmful effects. The Committee recommends that the State party involve and mobilise all relevant partners at the local level, including teachers, midwives, traditional health practitioners and religious and community leaders to prevent the practice of FGM. It also draws the attention of the State party to the recommendations adopted on the day of general discussion on the girl child held on 21 January 1995 (see CRC/C/38). (Paragraphs 54 and 55) UN Committee against Torture 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 (articles 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) _______________________________________________ Restrictive laws on 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). (Paragraph 13) UN Committee on the Elimination of Discrimination against Women 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. (Paragraphs 38 and 39) UN Committee against Torture 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. (Paragraph 26) _______________________________________________ Inappropriate treatment of asylum-seeking children While noting the recent developments regarding asylum-seeking processes through the 2006 Immigration, Residency and Protection Bill, the Committee is concerned that unaccompanied children or children separated from their parents might still not receive adequate guidance, support and protection during the asylum process, in particular with respect to access to services and an independent representation. The Committee recommends that the State party take necessary measures to bring the policy, procedures and practice into line with its international obligations, as well as principles outlined in other documents, including the Statement of Good Practices produced by the United Nations High Commissioner for Refugees and Save the Children. The Committee further encourages the State party to ensure that the same standards of and access to support services applies whether the child is in the care of the authorities or their parents. The Committee also draws the attention of the State party to its general comment No. 6 (2005) on treatment of unaccompanied and separated children outside their country of origin. (Paragraphs 64 and 65) UN Human Rights Committee 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. (Paragraph 17) UN Committee on the Elimination of Racial Discrimination 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. (Paragraph 22) UN Special Rapporteur on Human Rights and Extreme Poverty 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) 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) 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) _______________________________________________ Inadequate access to services for Travellers The Committee welcomes the State party's efforts to develop and strengthen the legal and policy framework for the right to education. The Committee is, however, concerned that the "de facto" cost of education and materials in public primary schools is in some instances the responsibility of parents; the views and specific needs of children are not always adequately taken into account; and that particularly high dropout rates exist among children belonging to the Traveller community and children with disabilities. The Committee recommends that the State party: (a) Continue taking measures to create an educational environment where the special needs of the child are taken into consideration, inter alia, by undertaking appropriate professional assessment of the specific needs of children, providing technical and material support for children with special needs, ensuring children in schools have the right to be heard in all matters concerning their well-being, and by continuing efforts to reduce overall class sizes to provide education to all children on an equal footing; (b) Ensure that budgetary allocations are also directed at improving and upgrading school buildings, recreational equipment and facilities, and the sanitary conditions in schools; (c) Ensure that necessary measures are taken to combat the phenomenon of bullying and that its consequences are dealt with in a responsive and child-sensitive manner; and (d) Publish and disseminate the prepared Traveller Education Strategy and undertake training activities for teachers in order to sensitise them to Traveller issues and inter-cultural approaches. (Paragraphs 58 and 59) The Committee notes the information provided in the State party's report, in particular in Chapter III under non-discrimination and child welfare, and in the written replies to the list of issues, in particular with respect to the report of the High Level Group on Traveller Issues. However, the Committee remains concerned that adequate recognition, action and positive measures have not yet been taken to enhance the enjoyment of the rights of children belonging to the Traveller community and, in particular, to facilitate their access to education, housing and health services. The Committee recommends that the State party: (a) Work more concretely towards the recognition of the Traveller community as an ethnic group as called for by the Committee on the Elimination of Racial Discrimination (CERC/C/IRL/CO/2 para.20); (b) Undertake or use existing research or comprehensive needs assessment with a particular focus on children belonging to the Traveller community in the fields of health, housing and education to further serve as a basis for policies and strategies and concrete measures for the improvement of the well-being of the children; (c) Implement the recommendations of the Task Force on the Traveller community; and (d) Provide in its next report detailed information on measures taken in order to enhance the enjoyment of the rights of children belonging to the Traveller community, in particular with regard to enjoyment and access to education, health services and housing facilities. UN Committee on the Elimination of Racial Discrimination 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 retention in schools, employment and access to health care, housing and transient sites. (Paragraph 13) UN Special Rapporteur on Human Rights and Extreme Poverty 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) _______________________________________________ Shortage of non-denominational and secular schools The Committee reiterates the concern raised by the Committee on the Elimination of Racial Discrimination in its concluding observations on the initial and second periodic reports of the State party (CERD/C/IRL/CO/2) that non-denominational or multidenominational schools represent less than 1 % of the total number of primary education facilities. The Committee encourages the State party to take fully into consideration the recommendations made by the Committee on the Elimination of Racial Discrimination (CERD/C/IRL/CO/2, para. 18) which encourages the promotion of the establishment of non-denominational or multi-denominational schools and to amend the existing legislative framework to eliminate discrimination in school admissions. (Paragraphs 60 and 61) UN Human Rights Committee 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. (Paragraph 22) UN Committee on the Elimination of Racial Discrimination 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. (Paragraph 26) _______________________________________________ Inadequate or inappropriate response to child poverty The Committee recognises that the favourable economic development has contributed to the reduction of the overall poverty level. The Committee remains however concerned that a number of children in particularly vulnerable situations are living in households where the income remains significantly lower than the national median income. The Committee recommends that the State party: (a) Effectively implement its National Anti-Poverty Strategy and strengthen its support to families living in economic hardship in order to ensure that poverty is reduced and children are protected against the negative impact of economic hardship on their development; (b) Introduce a supplement to the existing universal child benefit payments as an additional and targeted allowance to assist the families which experience highest levels of poverty; (c) Implement fully existing polices and strategies and increase budgetary allocations for and subsidisation of services, including childcare, healthcare and housing, for families with children who are particularly vulnerable; and (d) Increase investments in social and affordable housing for low-income families. UN Special Rapporteur on Human Rights and Extreme Poverty 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) 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)
UN Committee on the Rights of the Child (Concluding Observations, September 2006)
Last reported: 23 and 24 May 2011
Concluding Observations adopted: 17 June 2011
UN Committee on the Rights of the Child (Concluding Observations, September 2006)
Last reported: 14 and 15 July 2008
Concluding Observations adopted: 30 July 2008
Concluding Observations adopted: 22 July 2005
Last reported: 23 and 24 May 2011
Concluding Observations adopted: 17 June 2011
UN Committee on the Rights of the Child (Concluding Observations, September 2006)
Last reported: 23 and 24 May 2011
Concluding Observations adopted: 17 June 2011
UN Committee on the Rights of the Child (Concluding Observations, September 2006)
Last reported: 14 and 15 July 2008
Concluding Observations adopted: 30 July 2008
Concluding Observations adopted: 22 July 2005
Mr. Abid Hussain
Country visit: 18 October-22 October 1999
Report published: 10 January 2000
UN Committee on the Rights of the Child (Concluding Observations, September 2006)
Last reported: 23 and 24 May 2011
Concluding Observations adopted: 17 June 2011
UN Human Rights Committee
Last reported: 14 and 15 July 2008
Concluding Observations adopted: 30 July 2008
Concluding Observations adopted: 22 July 2005
Last reported: 23 and 24 May 2011
Concluding Observations adopted: 17 July 2011
UN Committee on the Rights of the Child (Concluding Observations, September 2006)
Last reported: 14 and 15 July 2008
Concluding Observations adopted: 30 July 2008
Last reported: 22 and 23 February 2011
Concluding Observations adopted: 4 April 2011
Magdalena Sepúlveda Carmona
Country visit: 10–15 January 2011
Report published: 17 May 2011
UN Committee on the Rights of the Child (Concluding Observations, September 2006)
Last reported: 22 and 23 February 2011
Concluding Observations adopted: 4 April 2011
Magdalena Sepúlveda Carmona
Country visit: 10-15 January 2011
Report published: 17 May 2011
UN Committee on the Rights of the Child (Concluding Observations, September 2006)
Last reported: 14 and 15 July 2008
Concluding Observations adopted: 30 July 2008
Last reported: 22 and 23 February 2011
Concluding Observations adopted: 4 April 2011
UN Committee on the Rights of the Child (Concluding Observations, September 2006)
Magdalena Sepúlveda Carmona
Country visit: 10-15 January 2011
Report published: 17 May 2011