A/HRC/17/34/Add.2 right to earn a livelihood.3 However, Irish courts have adopted a restrictive view of the role of the judiciary in relation to economic, social and cultural rights, in light of the constitutional “separation of powers” doctrine.4 7. Regardless of the limited protection accorded to economic, social and cultural rights in the Constitution, Ireland has voluntarily assumed several obligations under international law by signing and ratifying human rights treaties.5 Considering that under the Irish Constitution, international treaties do not have direct applicability unless they have been transposed into legislation by the Oireachtas,6 the independent expert calls on the Government to ensure that all rights protected under international human rights treaties, in particular economic, social and cultural rights, are given full effect in domestic law. The independent expert reminds Ireland that, given the character of international human rights obligations and the principle of good faith elaborated in the Vienna Convention on the Law of Treaties, it should comply with its treaty obligations in all spheres of activity, at the national and international levels, whether or not the specific wording of the treaty has been incorporated in domestic laws. 8. The independent expert stresses the need for Ireland to further its human rights commitments by ratifying and incorporating into domestic law international treaties to which it is not yet a party, such as the Optional Protocol to the Covenant on Economic, Social and Cultural Rights, the Convention on the Rights of Persons with Disabilities, the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography, and the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. 9. The independent expert commends Ireland for putting in place several legislative reforms and institutional arrangements to protect the human rights of the Irish people, such as the Civil Aid Act (1995), the National Human Rights Commission (2000), the Equality Authority and Equality Tribunal, the National Office for the Prevention of Domestic, Sexual and Gender-based Violence, and the Ombudsman Commission (2007) of the Garda Síochaná (Police Service). These initiatives are crucial for the protection of those living in poverty, although there is still much room for improvement. 10. The legal aid scheme provided for under the Civil Aid Act (1995) plays an important role in enabling people living in poverty to access affordable legal assistance. Nevertheless, the independent expert is concerned that several areas of law that are particularly relevant for people living in poverty, such as eviction proceedings and local authority housing issues, are not included in the Act. The legal aid scheme does not provide for representation before the Employment Appeals Tribunal or the Social Welfare Appeals Office. The independent expert recommends that the Government consider including these tribunals in the legal aid scheme, as legal representation before them is vital for those living in poverty. 2 3 4 5 6 4 Kennedy & Arnold v. Ireland [1987] IR 587. Cafolla v. O’Malley [1985] IR 486. See for example, Sinnott v. Minister for Education [2001] 2 IR 545, and T.D. v. Minister for Education [2001] 4 IR 259. Namely, the International Covenant on Economic, Social and Cultural Rights, European Social Charter (revised), International Convention on the Elimination of all Forms of Racial Discrimination, Convention on the Elimination of All Forms of Discrimination against Women, and Convention on the Rights of the Child (CRC). Constitution of Ireland, art. 29.6.