National and International Monitoring To Ensure Respect for Human Rights within Ireland

On Monday 14 and Tuesday 15 July 2008,Ireland’s respect for fundamental civil and political rights is under scrutiny by the United Nations (UN) in Geneva, Switzerland.A high-level delegation from the Government is appearing before the UN Human Rights Committee, which monitorsstate compliance under the International Covenant on Civil and Political Rights (ICCPR). This independent Committee consists of 15 of some of the foremost experts in the worldon human rights, who are tasked with examining reports of all countries which have signed and ratified the ICCPR.

Ireland ratified the ICCPR in 1989 and in so doing agreed to be bound by its legal standards. Ratification also committed Ireland to adopting laws and other measures to give effect to the human rights set out in the Covenant. Thispresent round of monitoring is the second time in the space of 10 years that Ireland’s compliance with the human rights standards set out in the ICCPR will be examined. As Ireland’s national human rights institution, the IHRC has been actively engaged with the monitoring process to provide its view to the UN Human Rights Committee on the compliance of the State with its obligations under the ICCPR.

The ICCPR represents one of the 9 ‘core’international human rights instruments of the United Nations. These core instruments represent the framework on which human rights protection around the world is based. As with all the core UN human rights instruments, the rights set out in the ICCPRare grounded in the fundamental human rights principles laid down in the Universal Declaration of Human Rights (UDHR) which celebrates its 60thAnniversary this year. Many of the rights outlined within the UDHR feature in the ICCPR, such asthe right to life, freedom from torture or cruel, inhuman or degrading treatment, freedom from slavery, the right to express oneself, and the right to practice religion and freedom of assembly.

Ireland has signed and ratified many international human rights treaties and its compliance with each is assessed and reported on by the treaty monitoring bodies oforganisations such as the United Nations. This ongoing assessment of the extent of compliance withits human rights obligations is essential to ensure that the IrishGovernment is meeting its obligationsas well as to ensuring the strongest level of human rights protection exists for everyone in Ireland.

The IHRC ispresent in Geneva. This presence, and the engagement of the IHRC in the monitoring process, reflects the role of national human rights institutions globally. National human rights institutions, which are established under the auspices of the UN, are increasingly being given prominence by international bodies as part of the international treaty monitoring process. The IHRC undertakes its duties in monitoring compliance with international human rights standards both through its day to day work in analysing legislation and policy, promoting human rights awareness and education and by its legal work, as well as through specifically engaging with the international treaty monitoring bodies.

In March 2008, the IHRC submitted a report to the Human Rights Committee on Ireland’s compliance with the ICCPR. Prior to the hearing on 14 and 15 July 2008, the IHRCpresentedits viewsto the UN Human Rights Committee on the extent to which Ireland is fully protecting fundamental civil and political rights within the State.Importantly, Irish non-governmental organisations (NGOs) representing the interests of a diverse range of groups also have the opportunity to brief the Committee. NGOs provide a valuable independent voice and local knowledge to the Human Rights Committee in its assessment of civil and political rights in the State.

Some of the priority issues raised by the IHRC in its March 2008 report include:the need for immediate action on the poor physical conditions and rehabilitation services which existin Irish prisons to prevent degrading treatment; expansion of the legal aid system to increase access to justice; amendment of Article 41.2 of the Constitution to ensure the full and equal protection of women; and the recognition of Travellers as an ethnic minority. In addition, the IHRC has highlighted the need for greater protection of immigrants and victims of human trafficking andstressed the need for the Government to ensure that legislation on civil partnership meets best international practice.

On 14 and 15 July 2008, having reviewed the Irish Government’s written report and informed by submissions and briefings from the IHRC and NGOs,the 15-strong UN Human Rights Committee will examine the Irish Government and will then assess whether Ireland is meeting itscivil and political rights obligations under the ICCPR. Following the two day hearing, the Committee willissue its concluding observations, which are intended to act asrecommendations and guidance on the changes and improvements required by Ireland to ensure compliance. The IHRC and others will continueworkingto monitor Ireland’s progress on fulfilling those recommendations.

Éamonn Mac Aodha

Chief Executive

Irish Human Rights Commission

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