A/HRC/17/34/Add.2
European Union Asylum Procedures Directive to ensure better protection of asylumseekers.81
93.
The independent expert is also concerned about the impact that the consecutive cuts
to the budget of the Irish Naturalisation and Immigration Service (INIS) may have on the
status determination procedure for asylum-seekers. She calls on the State to ensure that it
has the appropriate resources to deal with all cases in a timely and fair manner.
94.
The independent expert welcomes the recent introduction of provisions to place
unaccompanied separated children in foster care,82 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.
VII.
Conclusions and recommendations
95.
The independent expert recognizes the difficult situation that Ireland faces in
the aftermath of the economic and financial crises, but reminds the State of its
continuing obligations to comply with human rights standards. While Ireland has
made impressive advances in poverty reduction over the past decade, these gains will
be reversed if those living in poverty and social exclusion are not protected during the
recovery. The crises provide an opportunity for Ireland to put human rights at the
heart of the recovery, and to meet some of its long-standing social goals. The burden
of the crises must be shared by all segments of Irish society, while those living in
poverty and social exclusion must be protected as a matter of priority.
96.
The report includes detailed recommendations in each of its sections, but the
independent expert would like to especially urge Ireland to take the following steps:
(a)
Strengthen the legal and institutional framework by giving domestic
legal effect to Ireland’s international human rights obligations, and ratifying and
incorporating into domestic law international, treaties to which it is not yet party;
(b)
Review its Programme for Government and National Recovery to ensure
that it complies with human rights principles, particularly the obligation to use the
maximum resources available and to not take retrogressive measures in the protection
of economic, social and cultural rights, and consider reversing those measures which
will disproportionately impact on the most vulnerable and excluded, particularly
reductions in social protection payments and funding to public services; and
(c)
Strengthen the social protection system, infrastructure and social
services to ensure the full enjoyment of all economic, social and cultural rights of the
population, and remove barriers that prevent the most vulnerable segments of society
from accessing their entitlements.
81
82
22
The Court of Justice of the European Communities recently held that Ireland has failed to comply
with Council Directive 2005/85/EC of 1 December 2005 on minimum standards on procedures in
Member States for granting and withdrawing refugee status (Case C-431/10, 7 April 2011).
Office of the Minister for Children and Youth Affairs, Report of the Commission to Inquire into
Child Abuse, 2009.