E/C.12/IRL/CO/3 Irish Human Rights and Equality Commission 9. The Committee is concerned that the limited scope of human rights provided in section 29 of the Irish Human Rights and Equality Commission Act, coupled with the lack of recognition of economic, social and cultural rights in domestic law, are major factors in preventing the Commission from covering and applying the full range of Covenant rights in exercising its mandate. The Committee recommends that the State party review the Act with a view to ensuring that the Commission covers and applies all rights enshrined in the Covenant in exercising its functions. Consultation with civil society 10. The Committee is concerned at the lack of meaningful consultation with civil society and relevant stakeholders in formulating and implementing policies and legislation, particularly relating to persons with disabilities, people living in poverty, Travellers and Roma, which often results in such policies and legislation being less effective. The Committee recommends that the State party make the efforts necessary to consult on a regular basis with civil society and relevant stakeholders in the policymaking process, including by establishing an effective consultation mechanism. Maximum available resources 11. While noting the unprecedented economic and financial crisis that the State party went through and its exit from the bailout programme during the reporting period, the Committee notes with concern that, in spite of the social transfers made by the State party to mitigate the impact of austerity measures: (a) The State party’s response to the crisis has been disproportionately focused on instituting cuts to public expenditure in the areas of housing, social security, health care and education, without altering its tax regime; (b) Many austerity measures have been adopted during and after the crisis without proper assessments of their impact on economic, social and cultural rights; (c) The austerity measures, which continue to be applied, have had a significant adverse impact on the entire population, particularly on disadvantaged and marginalized individuals and groups, in enjoying their economic, social and cultural rights; (d) No review has been carried out of such measures in a comprehensive and human rights-based manner since the State party’s exit from the bailout programme. 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. In this regard, it draws the State party’s attention to its open letter of 16 May 2012 to States parties on economic, social and cultural rights in the context of the economic and financial crisis, in particular to the requirements that austerity policies must meet. 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; 3

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