Submission of the Irish Human Rights Commission to the Irish Government in preparation ofIreland’s sixth periodic report to the

UN CEDAW Committee

The Irish Human Rights Commission (IHRC)is mandated to review the adequacy and effectiveness of human rights law and practice in the State; to examine legislative proposals for its human rights implications, and to make recommendations to government on measures that should be taken to strengthen, protect and uphold human rights in the State.[1] In light of this statutory mandate and the important human rights issues recognised under the UN Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), the IHRC considers on-going monitoring of Ireland’s compliance with the provisions of CEDAW is essential. For this reason, since its establishment, the IHRC has prioritised interaction with the international treaty monitoring bodies as an important part of its work.

In January 2005, the IHRC made a detailed written submission to the UN CEDAW Committeeand attended the 33rd session of CEDAWwhere it made an oral presentation in its capacity as a national human rights institution.[2] This was a novel development in the CEDAW treaty-monitoring process as this was the first time that a national human rights institution made a presentation to the CEDAW Committee. Since then, the Irish Human Rights Commission has appeared before the UN Committee on the Elimination of Racial Discrimination and the Committee on the Rights of the Child.[3]

The IHRC welcomes this opportunity to make a submission in preparation of Ireland’s sixth periodic report under the UN Convention on the Elimination of All Forms of Discrimination Against Women. The submission seeks to determine the progress made to date on the implementation of the CEDAW Committee’s Concluding Comments and Recommendations arising from the examination of Ireland’s combined 4th and 5th periodic report under the Convention in 2005. Although the primary focus of this submission is based on the Concluding Comments and Recommendations made in 2005, the IHRC will be addressing in a comprehensive shadow report substantive areas of law and practice on the situation of women in Ireland.

1. Reporting Procedures

Following the examination of Ireland’s combined fourth and fifth periodic report, the CEDAW Committee in its Concluding Comments called on the Irish Government to give “priority attention” to the concerns and recommendations identified; “to focus on those areas in its implementation activities, and, in its next periodic report to give an account of the action taken and results achieved”.[4]

The IHRC is of the view that in the sixth periodic report the Irish Government should include a separate specific section systematically addressing each of the Concluding Comments of the Committee and demonstrating what legislation, policies and practises have been put in place to address the concerns raised by the Committee.[5]

2. Incorporation of the Convention into Irish domestic law

2.1Awareness Raising Campaigns

The Committee has requested the Government to raise awareness of the Convention on the Elimination of all Forms of Racial Discrimination Against Women and to disseminate widely its Concluding Comments.[6]

The IHRC requests the Government to provide information on the funding it has made available towards awareness raising campaigns on the Convention and the Committee’s Concluding Comments. The Government should provide details on training it provides on CEDAW to Government officials, politicians, parliamentarians and women’s and human rights organisations.

2.2Incorporation of a definition of Discrimination

The Committee’s Concluding Comments on Ireland’s fourth and fifth periodic report recommended that the State Party take appropriate measures to incorporate all the provisions of the Convention into domestic law and to ensure that effective remedies are available to women whose rights are violated.[7] In particular the Committee recommended the inclusion of a definition of discrimination against women in line with Article 1 of the Convention, the principle of equality between women and men as set out in Article 2(a) of the Convention in the Constitution or other appropriate legislation.[8]

The IHRC requests the Government to provide information on the efforts it has undertaken to further incorporate the provisions of the Convention into domestic law.

The IHRC requests information on the steps it has taken to have an all-embracing effective equality guarantee in the Irish Constitution, to bring the Constitution in line with Article 2(a) of the Convention.[9] In the absence of any steps taken, the IHRC would welcome a clear explanation in the sixth report for the lack of progress made in incorporating an effective equality provision into the Constitution.

The IHRC requests information on the Governments efforts to include a definition of discrimination against women, in line with Article 1 of the Convention, in the Irish Constitution or appropriate legislation.

2.3Gender Stereotyping

In their Concluding Comments the CEDAW Committee expressed concern at the persistence of traditional stereotypical views with regard to the social roles and responsibilities of women and men in the family and in society at large, reflected in Article 41.2 of the Irish Constitution.[10] The Committee had previously expressed this concern in their Concluding Comments on Ireland’s combined second and third periodic report.[11] The IHRC is particularly concerned that despite the Committee’s repeated recommendations it would appear that no concrete action has been taken, as of yet, for holding a referendum to amend Article 41.2.[12]

In light of Articles 2 and 5 of CEDAW and the Concluding Comments of the Committee, both in the examination of Ireland’s compliance under the combined 2nd and 3rd periodic report and under the combined 4th and 5th periodic report, the Government should set out in the sixth report its intentions to amend Article 41.2 of the Constitution and give details as to what priority will now be afforded to this issue.

Furthermore, the Committee recommended that the Government take additional measures to eliminate traditional stereotypical attitudes through training programmes, sustained awareness raising campaigns directed at men and women and through encouraging the media to project a positive image of women and of the equal status and responsibilities of women and men in the private and public spheres.[13]

The IHRC requests the Government to provide information on the measures it has taken to comply with the Committee’s recommendation to take measures to eliminate traditional stereotypical attitudes.

3.Review of Ireland’s Methods of Monitoring Progress on the Implementation of its Obligations under CEDAW

The Committee’s Concluding Comments recommended that the national machinery for gender equality be fully empowered, staffed and funded to pursue effectively coordination and monitoring of the National Women’s Strategy, while promoting gender mainstreaming into all areas and sectors of governance and maintaining at the same time women-targeted projects aiming at gender equality.[14]

In light of this Concluding Comment the IHRC requests the Government toprovide information on the separate and further funding it is providing to the National Women’s Strategy. It is recommended that such information on funding be provided in the State’s sixth periodic report.

The IHRC requests the Government to provide details on the steps being taken by the Government to ensure the effective implementation of the National Women’s Strategy. In this regard, the IHRC would like details on specific targets and timeframes in place in order to ensure the effective implementation of the National Women’s Strategy.

In addition, in light of General Recommendations 9 and 17 of the CEDAW Committee, the Government should incorporate statistical data concerning the situation of women in Ireland in the its sixth periodic report. The IHRC requests the Government to elaborate on the steps it intends to take to address the identified gaps in gender-disaggregated statistics.[15]

4. Violence Against Women

In their Concluding Comments on Ireland’s combined fourth and fifth periodic report the Committee expressed concern that insufficient information had been provided by the Government on the question of sexual harassment, despite the Committee’s previous request for this information in their Concluding Comments on Ireland’s combined second and third periodic report.[16] The Committee recommended that the Government closely monitor the incidence of all forms of violence against women, including sexual harassment.[17]

In light of these recommendations the IHRC requests the Government to provide detailed information and data in its sixth report on sexual harassment against women. The IHRC request the Government to provide information on the means of redress currently available to women who have experienced sexual harassment and empirical data on the number of women who have sought the available redress.

The Committee expressed concern with the prevalence of violence against women and girls, low prosecution and conviction rates of perpetrators, high withdrawal rates of complaints and inadequate funding of organisations that provide funding support services to victims.[18]

The IHRC requests the Government to provide statistical information on the prosecution and conviction rates of perpetrators in Ireland and relevant data on the withdrawal rates of complaints.

The IHRC requests information on the treatment programmes currently available to perpetrators, to address their offending behaviour, both within the Prison Service and in the Community.

The IHRC requests information on whether the Government is considering putting vetting procedures, with regard to those applying for positions which entail contact with children and other vulnerable groups, on a statutory footing.[19] The IHRC requests information on any activity the Governmenthas engaged in with other jurisdictions regarding vetting and the sex offenders register.

In line with the Committee’s Concluding Comments, the Government should provide details of the funding it provides to victim support services. The IHRC is concerned with the suggestion in 2007 to withdraw funding to the Domestic Violence Agency.

The IHRC requests the Government to provide details of the relevant training and awareness programmes that are in place for members of the Garda Síochana, the judiciary, health professionals and members of the public.

The Committee expressed particular concern about violence suffered by women from marginalised and vulnerable groups, including traveller women, migrant women, asylum-seeking and refugee women and women with disabilities.[20]

The IHRC requests the Government to include information, in the sixth report, on the steps it has taken to gather statistics concerning the frequency and type of violence experienced by women from marginalised and vulnerable groups. The IHRC request the Government to provide information on what additional measures it has put in place to protect particularly vulnerable groups such as traveller women, migrant women, asylum-seeking and refugee women and women with disabilities.

5. Trafficking in Women and Girls

The Committee’s Concluding Comments on Ireland’s combined fourth and fifth periodic report expressed concern about the trafficking of women and girls into Ireland. The Committee recommended that a comprehensive strategy be adopted and implemented to combat trafficking and recommended that measures are put in place to protect the victims of trafficking.[21]

The Irish Human Rights Commission welcomes the development of a National Action Plan on the Prevention and Combating of Human Trafficking and considers it to be a significant step forward in attempting to prevent and combat human trafficking. The IHRC believes that there is an urgent need for comprehensive legislation and policy to combat and prevent human trafficking in Ireland.[22]

The IHRC requests the Government to outline the legislative measures it intends to put in place to effectively protect the victims of trafficking. In addition the IHRC requests the Government to provide information on the services it intends to provide for the physical, psychological and social recovery of the victims, including the provision of housing, counselling and medical care.

The IHRC requests the Government to provide information on action it has taken to equip the border police and law enforcement officials with the requisite skills to recognise and provide support for victims of trafficking.

At the request of the Minister for Justice, Equality and Law Reform, the IHRC submitted a document to the Minister, in May 2007, setting out its Comments on the human rights implications on the of the General Scheme of the Criminal Law (Trafficking in Persons and Sexual Offences) Bill 2006. While acknowledging that this Bill is now effectively obsolete, the IHRC requests information on the Governments intentions to incorporate the IHRC concerns and Comments into the Criminal Law (Human Trafficking) Bill 2007 and other new legislative proposals in this area.

Furthermore, in adherence to the Committee’s request, the Government should provide comprehensive information and data on the trafficking of women and girls into Ireland in the sixth report.[23]

6. Women in Decision Making Roles

In their Concluding Comments the Committee highlighted the significant under representation of women in elected political structures and in the higher grades of the Civil Service. The Committee encouraged the Government to take sustained measures to increase the representation of women in elected bodies, including temporary special measures in accordance with Article 4(1) of the Convention and the Committee’s General Recommendation 25 on temporary special measures.[24]

One of the objectives of the National Women’s Strategy 2007-2016 is to foster and support initiatives aimed at increasing the number of women in decision-making positions in Ireland.[25] The IHRC requests the Government to include in its sixth report details of these initiatives and the measures the Government is taking to ensure their implementation.

In light of the recent General Elections to Dáil Eireann and elections to the Seanad, theIHRC requests the Government to provide in the report revised gender disaggregated statistics on participation and representation in the Dáil, the Seanad and in the Cabinet. In addition, the IHRC requests the Government detail the measures taken by the political parties, prior to the General Election, to increase the number of female candidates.

The Committee’s Concluding Comments recommended that research should be carried out under the aegis of a Parliamentary Committee with regard to the barriers inhibiting the lack of progress concerning the low representation of women in decision-making positions.[26] The IHRC requests information on what action the Government has taken to initiate the recommended research and if not to explain its reasons for failing to implement this recommendation.

7. Women and Poverty

In their Concluding Comments on Ireland’s fourth and fifth periodic report the Committee recommended that the Government should closely monitor the situation of poverty and social exclusion of women in the most vulnerable groups and implement effective measures and training programmes that will allow them to fully enjoy the benefits of Ireland’s prosperity.[27]

In the course of Ireland’s previous review before the CEDAW Committee in 2005, the IHRC recommended that immediate steps should be taken to gather comprehensive data on the extent in which women with disabilities, women within the Travelling Community and rural women experience poverty and the factors that cause such poverty.[28] The IHRC requests information on what measures have been taken by the Government since 2005 to gather the recommended data.

The IHRC previously expressed disappointment that Ireland’s combined fourth and fifth periodic report failed to provide a detailed analysis of the causes, forms and extent of women’s poverty and a comprehensive assessment of the impact of measures in place to reduce and to eliminate women’s poverty, with a particular focus on women in the most vulnerable groups, as was requested by the Committee in its Concluding Commentson Ireland’s second and third periodic report.[29] Accordingly, the IHRC requests that such an analysis be included in the Government’s sixth report.

The Committee in their Concluding Comments recommended that a gender impact analysis of all social and economic policies and anti-poverty measures should be conducted regularly.[30]

The IHRC requests the Government to provide details of any procedures it has in place to incorporate a gender impact analysis into the process of conducting a poverty impact assessment.

8.Women’s Full and Equal Protection in Employment

The Committee recommended that further measures allowing for the reconciliation of family and professional responsibilities be adopted and implemented, including the provision of affordable childcare, and the equal sharing of domestic and family tasks between women and men be promoted.[31]

In light of this recommendation, the IHRC requests the Government to provide an analysis in its sixth report of the impact of Government investment in providing for adequate and affordable childcare. In particular, the IHRC requests information on what specific measures the Government has in place to address the provision of childcare for low-income families. In addition, the IHRC requests information on what further measures the Government intends to put in place towards achieving a sufficient number of childcare places.

The Committee recommended that the Government should adopt policies and effective 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.[32]

The IHRC acknowledges that two of the key objectives of the National Women’s Strategy 2007-2011 are to increase the participation of women in the labour force and to decrease the gender pay gap in Ireland.[33] The IHRC requests the Government to provide details on the measures in place to ensure the effective realisation of these key objectives and requests information on the progress achieved to date.

9. Migrant Women

The Committee in its Concluding Comments on Ireland’s fourth and fifth periodic report called on the Government to ensure that women domestic workers, including migrant women, are duly protected against discrimination.[34]

The IHRC requests the Government to provide information on the steps it has taken to protect vulnerable groups of migrant workers, such as domestic workers in private households, who are predominantly women. In addition, the IHRC requests the Government to provide information on what consideration it has given to amending the Equality Act 2004 to remove the exclusion of domestic workers from the prohibition of discrimination of accessing employment.[35]