Irish Human Rights and Equality Commission (Designate)
Towards Indivisibility – The role of national human rights and equality institutions in protecting economic and social rights 16 October 2014
National Human Rights Institutions and ESC Rts United Nations Paris Principles - National Human Rights Institutions (NHRIs) are established pursuant to the 1993 Paris Principles – which recognises that their mandates should cover the full spectrum of rights and freedoms – both esc and c&p 1993 Vienna Declaration and Programme of Action – confirmed the indivisibility, interrelatedness and interdependence of human rights ICESCR General Comment No. 10 – Specifically outlines the diverse range of functions NHRIs can undertake in the context of ESC rights International and Regional Networks of NHRIs – provide opportunities for NHRIs to share best practice in this field and to collaborate on specific themes, for eg. ENNHRI and Human Rights of Older Persons in Long-Term Care
IHRC Policy Work of relevance to ESC Rights
2006 ESC Rts Discussion Document and International Conference – analysed the status of ESC rights under Irish law and highlighted the structural and normative gaps in the protection of ESC rights in Ireland
2009 Policy Statement on Procedural Safeguards for Eviction from Local authority housing safeguards surrounding evictions from Local Authority housing do not conform with ECHR – recommended preferable to amend Housing Act 1966 to allow DC judge to determine substance of case or extend remit of PRTB
2012 Submission on Mental Illness and the Criminal Justice System – right to highest standard of health within prisons
IHRC Legal/Enquiry Work of relevance to ESC Rights
3rd Enquiry on a Residential, day care and respite centre for Persons with Intellectual Disability –
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Highlighted deficits in the system of budgetary allocation for disability services and accountability for the delivery of those services Recommendations to Dept. Health, HSE and Education with specific resource allocation implications
IHRC provided legal assistance in a number of cases involving local authority housing, eviction and repossession orders –
Eg. EC v. Cashel Town Council, Ireland and the A.G.
IHREC and 3rd Periodic Report under ICESCR
Submission to List of Issues stage IHREC focussed on structural issues: –
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Impact of Austerity on Human Rights and Equality – questions raised under principles of non-retrogression, progressive realisation, non-discrimination and minimum core obligations Equality and Human Rights Infrastructure Failure to incorporate ICESCR into Domestic Law – claims of ESC rights violation difficult to pursue under domestic law Accountability and remedies – limitations of administrative remedies and privatisation of public functions Discretion in Decision-Making and Access to Justice
IHREC aims to explore more substantive rights in its full report, in consultation with civil society and other actors
IHREC and ESC Rights Going Forward
IHREC 2014 Act – due to be commenced on 1st November IHREC committed to advancing ESC rights within the full spectrum of rights and freedoms – Commission has stated austerity measures raise pressing questions of human rights Strategic planning process will begin upon commencement and this will set the priorities for the Commission for the coming 3 years
IHREC and ESC Rights Going Forward
Opportunities in New statutory framework:
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Positive Duties Obligation (S. 42 2014 Act) – a public body shall eliminate discrimination, promote equality of opportunity and protect the human rights of staff and public to whom providing service
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Legal and other assistance and Amicus Curiae functions apply a broader range of human rights and equality legislation (Employment Eq Act, Equal Status Act, Intoxicating Liquor Act, ECHR Act and the Constitution)
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Legislative Review, Policy and Awareness Functions – combine the legal frameworks of human rights and equality which will include ESC Rights