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The UN is reviewing Ireland's protection of rights – how will we fare?

We take a closer look at the economic, social and cultural rights situation for three Irish social groups, as they stand today.

IRELAND IS BOUND by the International Covenant on Economic, Social and Cultural Rights which protects rights like health, housing, work, education, family life, social security, cultural life and adequate living standards.

The UN is conducting a review of Ireland’s compliance with the Covenant, culminating in a formal examination of the government delegation led by Minister of State Sean Sherlock TD in Geneva on 8-9 June. A delegation from Irish civil society will present a comprehensive alternative report, Our Voice, Our Rights, drawn from evidence from more than 80 organisations and co-ordinated by legal rights group FLAC and its Public Interest Law Alliance project, on how these rights are being fulfilled on the ground.

The following pieces present the economic, social and cultural rights situation for three Irish social groups – children, disabled people and Travellers & Roma, all represented in the Civil Society report being presented in Geneva next week.

Part two will examine three areas covered by Covenant articles: housing, social security and cultural life.

Poverty in Ireland has a child’s face: Children’s economic, social and cultural rights

– Edel Quinn, Senior Legal and Policy Officer, Children’s Rights Alliance

Every day in Ireland, almost 60,000 children wake up hungry, in households struggling to survive, in families without the means to provide for them. This is happening today, in 2015. It is to our collective national shame that our children have been – and continue to be – the victims of the recession. While the country’s economy recovers for some, children of poor families still bear the brunt of the decisions of those who had the power to help them.

Every child has the right not to grow up in poverty.

Since 2008, the Government has failed to adequately protect the most vulnerable children, young people and families from the force of the recession and subsequent austerity measures. This has had a devastating impact. How do we know this? Children in Ireland are 1.4 times more likely to live in consistent poverty than adults. Almost 20% are at risk of poverty. The child poverty rate has almost doubled since the recession began. One in six children does not have breakfast on weekdays.

Poverty in childhood can have a damaging and lasting effect on a child’s life, their education, their future job opportunities as well as their mental and physical health. Teachers across the country have reported that children coming to school hungry have lost up to six weeks of learning as a result. Given the high cost of quality food, poor families are unable to buy healthy, nutritious food for their children setting them down a path of a lifetime of bad food choices and potentially poor health and obesity.

There has been a dramatic rise in homelessness amongst families with children over the past year. Some 40 families became homeless each month in 2014, double the number per month in 2013. These families find themselves in emergency accommodation, often with just one room for the entire family, no cooking facilities and no place to play or do homework. Children living in the State’s direct provision centres for asylum seekers face similar difficulties.

In 2015, we have reached a tipping point. Children must be prioritised in the economic recovery, for they were neglected in the boom and in the recession. Families with children must have the opportunity to earn a ‘living wage’ and to afford healthy food. The Government must implement a plan that places responsibility on all departments and agencies to work together to address child poverty in all its guises, and to ensure a future worth striving for, for all our children.

Poverty in Ireland has a child’s face. We can’t afford to do nothing.

The Economic, Social and Cultural Rights of Disabled People

– Jim Winters, Advocacy & Rights Officer, Inclusion Ireland 

Next week, Ireland faces the UN to answer questions about the situation of the 600,000 disabled people in Ireland, around 13% of our population. Let’s ask some questions ahead of that examination:

International human rights standards recognise that disability “results from the interaction between persons with impairments and the environmental barriers that hinder their full and effective participation in society.” This identifies disabled persons as rights-holders with entitlements, as opposed to passive recipients of care.

Disabled people are not a homogenous group. Disabled people are women. They are also gay, lesbian and transgender. Disabled people are children and older people. As a consequence, many disabled people experience discrimination on multiple grounds.

If you are a disabled woman you are twice as likely to experience sexual violence as a non-disabled woman. If you are a mother with an intellectual disability you are far more likely to have your children removed by the State. As a victim of a crime, you face significantly more barriers to accessing justice if you have a disability. You could be one of thousands of disabled people denied the right to make decisions about your health, to marry or to leave the country. Under current Irish law you could be treated as a lunatic, a person of unsound mind or mentally impaired.

As a disabled person in Ireland, you are twice as likely to experience deprivation. It is very expensive to have a disability: it is estimated to represent 35% of disposable income.

You could be in the lucky 30% of disabled people of working age to have a job. Then again, you might be working in a sheltered workshop, without pay or employment rights, and not regulated or inspected by the State.

You could be one of the 3,000 disabled people that continue to live in large institutions, segregated from mainstream society. You might live in a residential centre found to be non-compliant with basic standards of care. In residential care, you will have little choice over where or with whom you live. Your personal finances are likely to be controlled by the service provider.

As a disabled person, you probably rely on public transport. But the government’s cutting of two transport support schemes means you’re stuck at home.

If you are an intellectually disabled person in a consensual sexual relationship, you could be charged with a criminal offence under present Irish law.

You could be the parent of one of over 20,000 children and young people on a waiting list for speech and language therapy. You could be the parent who must choose between heating your home or paying for private therapy. Your disabled child may not be able to attend pre-school with other children because the HSE does not support this need.

As a disabled citizen, you’re likely to ask why Ireland remains one of the few EU Member States which has not ratified the UN Convention on the Rights of Persons with Disabilities.

No doubt the Irish government will have some solid answers to these questions in Geneva next week.

Economic, Social and Cultural Rights of Travellers & Roma

– Siobhan Curran, Roma Project Coordinator, Pavee Point Traveller and Roma Centre

Since Ireland’s last examination under the International Covenant in 2002, we have experienced boom and bust. Despite the boom, Travellers and Roma remained marginalised in Irish society. In 2008, after an unprecedented period of economic growth, suicide in the Traveller community was six times the national average.

We were then told that we all had to share the pain of the recession. The 2013 report by Brian Harvey, Travelling with Austerity, shows an extraordinary and disproportionate level of disinvestment in the Traveller community by the State since 2008.  It states that ‘one can think of no other section of the community which has suffered such a high level of withdrawal of funding and human resources.’.

Travellers are still striving to have their ethnicity acknowledged by the Irish State. Some 55% of Traveller children have left school by the age of 15.  Many Roma live in Ireland in a constant state of insecurity, with little access to employment, social protection or access to health care. These are issues Pavee Point Traveller and Roma Centre will raise with the UN Committee on Economic, Social and Cultural Rights in Geneva.  The examination is an opportunity to look at issues facing Travellers and Roma through a human rights lens, rather than a political lens or through stereotypes. This is important, as we saw recently, how stereotypes about Roma, reinforced through negative reporting, provided a context in which two Roma children were removed from their families in 2013 – just for not looking like their parents.

An issue Pavee Point would like to see advanced is Traveller ethnicity. Travellers throughout Ireland have identified this as a key part of progressing Traveller cultural, social and economic rights. Recognition would be an acknowledgement that racism is core to the situation of Travellers’ exclusion and symbolise a move by the State to respect Travellers’ cultural rights.

For Roma families, a lack of access to social supports, including Child Benefit, means that many Roma children are living in poverty as their parents struggle to provide for them. At a minimum, Ireland should ensure that children are not experiencing poverty due to the status imposed on their parents.

Underpinning all of these areas is the need for comprehensive data to monitor the extent to which Traveller and Roma human rights are being fulfilled.  The Government’s recent response to questions raised by the Committee in December 2014 states that, ‘It is not possible to accurately measure the impact of specific interventions on the health outcomes of different groups as ethnic or cultural identifiers are not used to identify service users.’

This is true for accommodation, social protection, education and other areas. The absence of this data undermines accountability. It means we cannot identify when things actually are working and thus we fail to identify positive outcomes.  It also means we cannot identify discriminatory policies and practice.  Travellers and Roma need to be counted, the question is, can they count on the Irish Government?

The UN is currently conducting a review of Ireland’s compliance with the International Covenant on Economic, Social and Cultural Rights. The review will culminate in a formal examination of the government delegation in Geneva on 8-9 June 2015.

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25 Comments
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    Mute John Mulligan
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    Mar 10th 2021, 10:59 AM

    There is no possibility of Irish unity while sinn fein and the DUP are the main voices in northern politics . Two bitter, sectarian sides of the same coin, they need each other, feed off each other. But while either or both of them are on the pitch, nobody can win the game.

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    Mute postmanbill
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    Mar 10th 2021, 11:04 AM

    @John Mulligan: Well said John, could not agree with you more.

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    Mute Padraig O'Shea
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    Mar 15th 2021, 5:48 PM

    @John Mulligan: rubbished

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    Mute JusticeForJoe
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    Mar 15th 2021, 6:40 PM

    @John Mulligan: Nonsense

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    Mute Alan Wright
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    Mar 10th 2021, 11:00 AM

    Here’s a simple “FactFind” for the Journal. Who placed the ad’s in US papers for a United Ireland? After that fact is checked, please amend your click bait headline in the other article.

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    Mute Diarmuid Hunt
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    Mar 15th 2021, 6:09 PM

    @Alan Wright: They stated “Friend of Sinn Féin”, have you found different?

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    Mute Marc Power
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    Mar 15th 2021, 4:54 PM

    A border poll is pointless as long as the large number of unionists who identify as British in the north are ignored or conveniently not part of such a process. They won’t go quietly and will not shy from fighting for what they hold close to their hearts. Like most Republicans I want a United Ireland….. but not at any cost

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    Mute M Bowe
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    Mar 15th 2021, 5:38 PM

    @Marc Power: so once again you democracy within this island is to be suspended because of actual or perceived threats of Unionist/ loyalist violence. That was how the dysfunctional state was created in first place.

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    Mute M Bowe
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    Mar 15th 2021, 5:52 PM

    @Marc Power: no one is advocating excluding or ignoring unionism, you’re confusing their unwillingness to engage in any form of discussion as them being ignored. But the Unionist veto is gone forever.

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    Mute Marc Power
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    Mar 15th 2021, 6:36 PM

    @M Bowe: I never said that so please stop stating nonsense and read my post again

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    Mute M Bowe
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    Mar 15th 2021, 6:46 PM

    @Marc Power: a border poll is pointless if
    1/ unionism is ignored
    2/ they won’t go quietly and will fight
    3/ you want unification but not at any price, ie the costs of above.
    You are precisely saying that a democratic poll is pointless because of those factors.

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    Mute Richard Russell
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    Mar 15th 2021, 6:08 PM

    I will vote no. It will cost us at least €10 billion which of course will but an end to Limerick to Cork motorway plus other projects. We would also have to put up with the bigotry of DUP and Sinn Fein. The only people who vote yes will be the shiners and some FF’ s

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    Mute O Swetenham
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    Mar 15th 2021, 6:18 PM

    @Richard Russell: “The only people who vote yes will be the shiners and FF’s”

    Do you honestly think that’s true?? Really?

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    Mute Justin Gillespie
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    Mar 15th 2021, 6:23 PM

    @O Swetenham: How people will vote will depend on the proposition put in front of them.
    I have yet to see any proposal telling me what a united Ireland will actually look like.

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    Mute O Swetenham
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    Mar 15th 2021, 6:27 PM

    @Justin Gillespie: absolutely true. Couldn’t agree more, but I think suggesting that “only shinners and some ff’s” would vote for a United Ireland is a strange assumption.

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    Mute shake n’ break
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    Mar 16th 2021, 12:53 AM

    @Richard Russell: an ignorant comment with a nonsense figure thrown in! You haven’t even bothered researching what the northern irish economy has to offer. We may have a chance to make our country bigger and better but you’d rather spend it on a flipping road from cork to limerick.

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    Mute Shawn O'Ceallaghan
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    Mar 15th 2021, 4:49 PM

    Answer: NI decided they want a border poll. If they vote yes. ROI decide if we want them.

    Remainder of U.K. and ROI should not interfere till NI figure out what the want.

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    Mute Sheila McNulty
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    Mar 15th 2021, 5:31 PM

    @Shawn O’Ceallaghan: Do they honestly think this is going to happen with a border poll ,get real we will end up back in the Troubles it will cause a lot of problems,

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    Mute Gerard
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    Mar 15th 2021, 6:16 PM

    It can’t be “Eff the unionists, because they lost”. That’s not how you treat somebody just because you disagree with their opinion. You’d have to do things like provide for schools where Irish is indeed an optional subject. And that’d just be the tip of the iceberg.

    Reunification is supposedly the only goal of nationalism, so if you can achieve that, any other olive branches you can offer to unionists should be on the table.

    The only thing worse than a sore loser is a sore winner. If nationalists win, people need to be prepared to be gracious winners. That’s all.

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    Mute John Hetherton
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    Mar 15th 2021, 6:41 PM

    @Gerard: well Gerard that is indeed an interesting position to take. The majority of the population of Ireland wanted independence in 1919/1920, but hey the brits and the unionists didn’t agree hence we are where we are today. Sauce for the goose then, but not acceptable now according to your stance

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    Mute John Hetherton
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    Mar 15th 2021, 6:41 PM

    @Gerard: well Gerard that is indeed an interesting position to take. The majority of the population of Ireland wanted independence in 1919/1920, but hey the brits and the unionists didn’t agree hence we are where we are today. Sauce for the goose then, but not acceptable now according to your stance

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    Mute jp tobin
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    Mar 15th 2021, 6:46 PM

    2250 would be a good date

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    Mute Paul Hussey
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    Mar 15th 2021, 6:38 PM

    The only people who would have a vote are the people of northern Ireland. 90 % of the unionist population would vote no about 30% of the Catholic population would vote no. Can’t see it going thru. The people in the south can’t vote. As the population of GB can’t vote.

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    Mute LiamMac2018
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    Mar 16th 2021, 12:03 AM

    @Paul Hussey: actually, people in the republic will also have to vote on it. So yeah, nah, you’re wrong there

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    Mute Patrick Corr
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    Mar 15th 2021, 5:47 PM

    3rd and 4th paragraphs copied and pasted twice consecutively.

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    Mute leartius
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    Mar 15th 2021, 7:43 PM

    It’s SF making political gain while this government staggers along drunk on this own PR spin. While Leo is busy dancing a tango around the fuzz. Micheál has gone virtual to impress. A welcome distraction on capitol hill. Even St Paddy himself would be applauded how community divides have being ripped open in America. All in the interest of one man. Who not only lost an election but also lost a coup attempt. Still leads a political party and holds court in this Florida palace. What good are virtual shamrocks when democracy is under attack.

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    Mute Matt
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    Mar 15th 2021, 6:53 PM

    Ah sure why not. It wont amount to much. Just more time wasting. The only time ireland will be free is when the liffy flows backwards.

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    Mute Martin Dunn
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    Mar 15th 2021, 7:19 PM

    Should voters on both sides of the border agree ………….

    If we are a national community we must have sensitivity to all shades of Irishness … even the Ulster Scot who has resided on this island for centuries ..

    A majority or even a two thirds majority for anything does not define agree …..
    there is enormous need for agreement and that takes patience and time and understanding …there is no need for a vote ever …… just let it happen
    Any vote will simply drive us apart

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    Mute Gerard
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    Mar 15th 2021, 6:20 PM

    It can’t be “Eff the unionists, because they lost”. That’s not how you treat somebody just because you disagree with their opinion. You’d have to do things like provide for schools where Irish is indeed an optional subject. And that’d just be the tip of the iceberg.

    Reunification is supposedly the only goal of nationalism, so if you can achieve that, any other olive branches you can offer to unionists should be on the table.

    Cost issues would evaporate over time, because the social divide issues would. Reunification is a one way door, and sooner or later, most unionists would see it was a lost cause.

    The only thing worse than a sore loser is a sore winner. If nationalists win, people need to be prepared to be gracious winners. That’s all.

    4
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