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Irish Human Rights Commission annual report 2006 Item Type Report Authors Irish Human Rights Commission (IHRC) Publisher Irish Human Rights Commission Download date 26/09/2021 22:48:17 Link to Item http://hdl.handle.net/10147/74173 Find this and similar works at - http://www.lenus.ie/hse Report interior_SL.qxd 30/08/2007 16:59 Page i Irish Human RIghts Commission Annual Report 2006 Report interior_SL.qxd 30/08/2007 16:59 Page ii Irish Human Rights Commission | Annual Report 2006 ii Report interior_SL.qxd 30/08/2007 16:59 Page iii Irish Human Rights Commission | Annual Report 2006 CONTENTS Contents Mission Statement iv Foreword by the President vi Introduction by the Chief Executive 2 The Commission 6 Casework 12 Legislation and Policy Review 18 Promotion of Human Rights Awareness 24 International Work 28 Corporate Services 32 Appendices 44 iii Report interior_SL.qxd 30/08/2007 16:59 Page iv Irish Human Rights Commission | Annual Report 2006 MISSION STATEMENT “Our mission is to promote and sustain the realisation, protection and awareness of human rights, equally, for all, in law, in policy and in practice” iv Report interior_SL.qxd 30/08/2007 16:59 Page v FOREWORD Report interior_SL.qxd 30/08/2007 16:59 Page vi Irish Human Rights Commission | Annual Report 2006 FOREWORD` Foreword The IHRC continued over the past year to engage in major policy areas where human rights issues The year 2006 marked the final year of the Irish arose, publishing observations or papers on such Human Rights Commission’s (IHRC) first strategic issues as ‘Extra-ordinary Rendition’, child plan, Promoting and Protecting Human Rights in protection, de facto couples, indeterminate Irish Society – 2003–2006. It is encouraging to note sentencing, migrant workers, Travellers and that most of the objectives set out in that plan immigration. It was particularly gratifying during were achieved and that almost all of the the year that the IHRC played a lead role among functions assigned to the Commission in our national human rights institutions in the work founding legislation are now being rolled out. leading up to the adoption of the new UN Convention on the Rights of Persons with National human rights institutions are a relatively Disabilities. new phenomenon. A decade ago there were less than twenty worldwide. Today there are 60 ‘A’ The year just passed saw the appearance of the accredited national institutions and as many IHRC before the Superior Courts as amicus curiae again aspiring to that accreditation. In its short (friend of the court) where human rights issues time in existence, the IHRC has not just achieved were involved and its undertaking of the first ‘A’ status but has emerged as an international series of enquiries into issues arising from our leader, elected to the Presidency of the European casework function. The Commission continued to Group of National Human Rights institutions in engage productively with a range of international the year under review and recognised by the UN, monitoring bodies and sought in a variety of ways the Council of Europe and the OSCE as an to raise the levels of human rights awareness in increasingly effective performer, both nationally Irish society generally. and internationally. This is in no small part a tribute to Commissioners and staff but also an We are still a relatively new body, with modest acknowledgement of the quality of the legislation resources. We know that to be effective and to – the Human Rights Commission Act 2000, which make a real difference, we have to be focused in established and defined the IHRC and which is all that we do; that we must not duplicate work increasingly recognised internationally as a model being done by others, but work in full co- for new national institutions. operation with other human rights bodies, be they non-governmental or statutory, in promoting The IHRC has been particularly active in its and protecting human rights. We know that our scrutiny of legislation, and its observations have special contribution lies in putting our expertise, featured increasingly in Oireachtas debates and in our authority and our independence at the Oireachtas committees. The Commission is disposal of these bodies and associations, and confident that it has a valuable part to play in indeed the wider public, to ensure not only that ensuring that all legislation is human rights policy and practice conform to internationally compliant, something that at present is not agreed norms but that our country becomes a always facilitated by Oireachtas procedures – a model of best human rights practice. subject on which we look forward to dialogue with a view to change. In particular the IHRC The year under review marked the completion of would hope to see greater engagement with the life of the first Commission. I would like to policy-makers in government departments and warmly thank all Commissioners who served on with members of the Oireachtas at the early that founding Commission for their dedication stages of legislation. and commitment but in particular those whose vi Report interior_SL.qxd 30/08/2007 16:59 Page vii Irish Human Rights Commission | Annual Report 2006 FOREWORDSECTION terms ended or who resigned during that period – Judge Donal Barrington, Judge Maureen Harding Clark, Martin Collins, Nuala Kelly, Jane Liddy, Clodach McGrory, and Professor Fionnuala Ní Aoláin. Finally, my thanks to all Commissioners, to our excellent and utterly professional staff and to our Chief Executive, Dr Alpha Connelly. Dr Maurice Manning President vii Report interior_SL.qxd 30/08/2007 16:59 Page viii Irish Human Rights Commission | Annual Report 2006 viii Report interior_SL.qxd 30/08/2007 16:59 Page 1 INTRODUCTION Report interior_SL.qxd 30/08/2007 16:59 Page 2 Irish Human Rights Commission | Annual Report 2006 FOREWORD Introduction Commission held an inaugural human rights lecture to mark International Human Rights Day. The year 2006 saw the Irish Human Rights Commission (IHRC) take further steps in its Along with these developments, more routine development. For the first time, the Commission activities continued within the four basic work provided legal representation for an individual in units of the Commission: Casework, Education proceedings before the High Court involving and Human Rights Awareness, Legislation and human rights issues. It participated as amicus Policy, and Administration. curiae in an increasing number of cases before the superior courts. It completed its first enquiry (into Requests from individuals that the Commission a pensions matter) and drew up a report on conduct enquiries into a wide range of human the enquiry. rights matters were processed. Decisions were taken on requests for assistance in connection Also for the first time, the Commission received with legal proceedings involving human rights a legislative referral from the Minister for Foreign issues. Notifications under the European Affairs and gave its views to the Minister on the Convention on Human Rights Act were human rights implications of the proposed considered. legislation. It furthermore met with officials of the Department of Defence to ensure that Legislative proposals referred to the Commission legislation on military matters complied fully with by the Minister for Justice, Equality and Law the provisions of the European Convention on Reform again accounted for a sizeable proportion Human Rights. Together with other bodies, the of the Commission’s research activities. Some Commission mounted a training course on research was also outsourced, notably on economic, social and cultural rights. It assumed indeterminate sentencing and on the rights of the chair of the European Group of national unmarried couples (both opposite and same human rights institutions. It collaborated closely sex couples). with another statutory body, the Ombudsman for Children, in making submissions to the Conferences and seminars were organised on International Committee on the Rights of the a variety of human rights themes, and the Child; and it made a substantial contribution to Commission continued to participate in a the negotiations at the United Nations on an North/South project regarding human rights international convention on the rights of persons education in primary schools. with disabilities. The Commission also participated in the Joint The Commission met with the UN High Committee with the Northern Ireland Human Commissioner for Human Rights, Louise Arbour, Rights Commission, and attended meetings of and with representatives of the European the International-Coordinating Committee and Committee on the Prevention of Torture and of of the European Group of national human rights Inhuman and Degrading Treatment. A Human institutions. Rights Consultation Forum of the Chief Executives and their equivalents in independent statutory The Commission has taken an incremental bodies in the human rights field was instituted approach to its development. In the autumn of for the discussion of matters of common interest 2005, proposals were put to and approved by the and the improvement of co-operation and co- Commission in respect of the second stage of its ordination among them. In December, the development. These included the establishment 2 Report interior_SL.qxd 30/08/2007 16:59 Page 3 Irish Human Rights Commission | Annual Report 2006 INTRODUCTIONSECTION of a number of new staff positions in order to enable the Commission to handle the increasing volume of work it faced, to strengthen its organisational structure and to improve career opportunities for staff. During 2006, the opportunity was taken to acquire additional premises in the same building as the Commission’s offices to allow for expansion, and the Minister for Justice, Equality and Law Reform was approached with a view to gaining Government approval for the new positions. In 2006, the Commission’s first Strategic Plan covering the years 2003 to 2006 came to an end. Quite remarkably for a body with a small number of staff, it has for the most part delivered on the Plan and gone even further.

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