A/HRC/17/34/Add.2
I.
Introduction
1.
At the invitation of the Government, the independent expert on the question of
human rights and extreme poverty, Magdalena Sepúlveda Carmona, visited Ireland from 10
to 15 January 2011. During this mission, the independent expert collected first-hand
information on the human rights situation of people living in poverty and experiencing
social exclusion. She focused in particular on the impact of the recent economic and
financial crises, and the Government’s efforts to alleviate poverty and social exclusion at
domestic and international levels. Her findings are documented in this report.
2.
During her mission, the independent expert met with various Government
authorities, including the Minister for Equality, Human Rights and Integration, and
representatives of the Departments of the Taoiseach (Prime Minister), Foreign Affairs,
Community, Equality and Gaeltacht (Irish language) Affairs; Social Protection; Justice and
Law Reform; Health and Children; Environment, Heritage and Local Government; and
Education and Skills. She also met with representatives of the Irish Human Rights
Commission, the Equality Authority, the Family Support Agency, the National Disability
Authority, the Training and Employment Authority (FÁS), the Irish Naturalisation and
Immigration Service, and the Reception and Integration Agency, as well as the office of the
Ombudsman for Children. The independent expert and her team also held meetings with
representatives of the Oireachtas (Parliament); the Parliamentary Sub-Committee on
Overseas Development and the Chairman of the Joint Committee on Foreign Affairs;
representatives of Irish Aid; coordinators of the RAPID programme, based in Limerick;
City Council; and the Dublin Homeless Consultative Forum.
3.
The independent expert met with representatives of international organizations, nongovernmental organizations, community activists and academic independent experts. The
Independent expert also met with numerous people living in poverty and experiencing
social exclusion, who shared their personal experiences.
4.
The independent expert thanks the Government of Ireland for its invitation and for
the extensive and full support provided to her mission. She also extends her thanks to the
departments and agencies for their efforts to provide her with the information and materials
she needed, and to the civil society organizations and individuals for their substantial
contribution to the mission.
II.
The legal and institutional framework
5.
The 1937 Irish Constitution guarantees a number of “fundamental rights”; primarily
traditional civil and political rights such as equality before the law (art. 40(1)), the right to
life, and freedoms of expression, assembly and association (art. 40(6)), as well as family
rights (art. 41), property rights (art. 43), and the right to education (art. 42). Additionally,
the Constitution refers to “directive principles of social policy,” which represent a
commitment to realizing social justice. However, according to the Constitution, these
“directive principles” should guide the making of laws and “shall not to be cognisable by
any Court under any of the provisions of this Constitution” (art. 45).
6.
In addition to the rights explicitly provided for in the Constitution, Irish courts have
identified a number of rights which, although not expressly referred to, are nonetheless
implied by the Constitution, such as the freedom from torture,1 the right to privacy2 and the
1
The State (C.) v. Frawley [1976] IR 365.
3