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E/C.12/IRL/CO/3 5. The Committee further welcomes the: (a) Referendum that approved equal marriage in 2015; (b) Establishment of the Low Payment Commission in 2015; (c) Adoption of the Employment Permits (Amendment) Act 2014; (d) Adoption of the Irish Human Rights and Equality Act and the establishment of the Irish Human Rights and Equality Commission in 2014; (e) Adoption of the National Action Plan for Social Inclusion 2007–2016 (2007); (f) Adoption of the national policy on mental health, entitled “A vision for change” (2006). C. Principal subjects of concern and recommendations Data collection 6. The Committee regrets that the data provided by the State party are outdated and not disaggregated and that the replies to the list of issues do not include sufficient data, which makes it difficult for the Committee to assess the actual and progressive realization of economic, social and cultural rights in the State party, including the impact of the measures taken during and after the economic crisis. The Committee recommends that the State party include in its next periodic report detailed and updated information on the actual and progressive realization of economic, social and cultural rights, including statistical data disaggregated by year, sex, disability, ethnicity and other relevant criteria. In this respect, the Committee refers the State party to the conceptual and methodological framework for human rights indicators developed by the Office of the United Nations High Commissioner for Human Rights (HRI/MC/2008/3). Domestic application of the Covenant 7. The Committee regrets that, despite its previous recommendation (see E/C.12/1/Add.77, para. 23), no steps have been taken to incorporate the Covenant in domestic law and that the State party does not intend to do so. It is also concerned at the lack of training for judges, lawyers and public officials on economic, social and cultural rights. The Committee reiterates its recommendation that the State party take all appropriate measures to ensure the direct applicability of Covenant provisions, including through incorporation of the Covenant in its domestic legal order, and enhanced training for judges, lawyers and public officials. The Committee draws the State party’s attention to its general comment No. 9 (1998) on the domestic application of the Covenant. Legal aid 8. The Committee is concerned at the lack of free legal aid services, which prevents especially disadvantaged and marginalized individuals and groups from claiming their rights and obtaining appropriate remedies, particularly in the areas of employment, housing and forced evictions, and social welfare benefits. The Committee recommends that the State party ensure the provision of free legal aid services in a wide range of areas, including by expanding the remit of the Civil Legal Aid Scheme. 2

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Concluding observations on the third periodic report of Ireland

Concluding Observations

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Country

Ireland

Rights Involved

Right to adequate housing
Right to education
Right to food
Right to health
Right to social security
Right to work
Rights of migrants/non-citizens
Rights of older persons
Rights of persons with disabilities
Rights of the child
Rights of women and girls

Issue

Accountability
Minimum core obligations
Non-discrimination
Progressive realization
Resource allocation
Resource expenditure
Resource generation
Transparency

International Human Rights Body

Committee on Economic, Social and Cultural Rights

Date: Jul 8, 2015

Summary: In their Concluding Observations of Ireland, the CESCR provides recommendations to the State party to take measures to promote nondiscrimination, gender equality, and the range of ESCR. On resources, the Committee recommends that the State party: (a) Review, based on human rights standards, all the measures that have been taken in response to the economic and financial crisis and are still in place with a view to ensuring the enjoyment of economic, social and cultural rights. The policies must be temporary, covering only the period of the crisis, and they must be necessary and proportionate. They must not result in discrimination and increased inequalities. They must comprise all possible measures, including tax measures, to ensure that the rights of disadvantaged and marginalized individuals and groups are not disproportionately affected. They must also identify the minimum core content of the Covenant rights or a social protection floor and ensure the protection of this core content at all times; (b) Ensure that austerity measures are gradually phased out and the effective protection of the rights under the Covenant is enhanced in line with the progress achieved in the post-crisis economy recovery; (c) Consider reviewing its tax regime, with a view to increasing its revenues to restore the pre-crisis levels of public services and social benefits, in a transparent and participatory manner; (d) Consider instituting human rights impact assessments in its policymaking process, particularly relating to Covenant rights.

Primary Documents

E:C.12:IRL:CO:3.pdf
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Resourcing Rights

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Concluding observations on the third periodic report of Ireland

Primary Documents

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