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Right to Equality and Non-Discrimination

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Right to Equality and Non-Discrimination “ Minister Shatter has promised to radically reform family law and ensure equality for all children. The legislation, if enacted, will result in some unmarried fathers acquiring automatic guardianship rights to their children. Regretfully for some fathers and children the situation will not change. We welcome that carers such as step parents, grandparents and others will be able to apply for guardianship.” Margaret Dromey, Chief Executive Officer, Treoir Children’s Rights Alliance Report Card 2014 | 120 Chapter 6: Right to Equality and Non-Discrimination Grade E Closing Our Eyes: Irish Society and Direct Provision By Liam Thornton Direct provision is front page news in Ireland today. Carl O’Brien has a number of in today’s Irish Times on inspection reports that have found that asylum seekers live in dismal conditions in direct provision centres. This of course will be of no surprise to the Department of Justice (and Equality……) or the current Minister for Justice, Mr Alan Shatter TD. In fact, it is of no surprise to the political In The News system as a whole, given the extensive reports from non-governmental organisations and the Ombudsman and the Ombudsman for Children. Institutions of the state know and have known for quite a bit of time about significant systemic problems with the system of direct provision. Nothing is being done about this. What many in human rights organisations suspect (or are afraid to admit openly) is that Irish society knows full well about the system of direct provision, the vast majority of the population could not care less. In fact, the vast majority may even want a harsher system (at least if thejournal.ie commentators had their way). Politicians in the Dáil have said to me, over the years that their work on direct provision is costing them support. Not just a few votes here and there, but very noticeable support. Nevertheless, some TDs (from the government parties and opposition parties) continue to highlight the major problems with the system of direct provision. In the Seanad, Senator Jillian van Turnhout raises the issue of direct provision continuously. Concerns raised about direct provision since 2001 have included: the lack of any legal basis for the system of direct provision, the reports of poor food quality, infestations, cramped living conditions, individuals institutionalised in direct provision for several years. It might be helpful to put in place a timeline, so we can see just how much the legal and political systems and Irish society as a whole know of these problems with direct provision. Depressingly, as before, Irish society ignores, punishes and demonizes ‘problematic’ populations. Human Rights in Ireland, 8 October 2013 www.humanrights.ie Children’s Rights Alliance Report Card 2014 | 121 Overall 6 | R ight to Grade E Equality and Non-Discrimination The Right to Equality and The ‘Right to Equality and Non-Discrimination’ chapter continues to track Non-Discrimination progress on issues affecting Traveller and migrant children as well as Every child has the right to examining inequalities in family life. The overall ‘E’ grade reflects the slow equal treatment and without progress made in these three areas. To merit a higher grade, we call on discrimination of any kind, Government to clarify its intentions by making clear commitments and to irrespective of the race, colour, take action to uphold the rights of the children affected. sex, language, religion, political or other opinion, national, The section on ‘Traveller Children’ gets an ‘E’ grade in Report Card 2014, to ethnic or social origin, property, reflect little or no meaningful action for Traveller children while the section on disability, birth or other status ‘Migrant Children’ gets an ‘F’ grade as the Government has failed to review the of the child or the child’s parents policy of direct provision despite calls at both the national and international or guardian. | Summary of Article 2 level. Furthermore, it has not prioritised necessary legislation which could of the UNCRC have a positive impact on the lives of migrant children. Last year was the first time either of these sections received a grade. Report Card 2013 called on the Government to clarify its intentions by making clear commitments to Traveller and Migrant children in the forthcoming National Children and Young People’s Policy Framework and its associated implementation mechanisms. To ensure an improvement in next year’s Report Card the Government must make specific commitments and demonstrate that it has taken concrete actions to improve the lives of these children. ‘Inequalities in Family Life’ was a new section in the Report Card series in 2013 and gets a ‘D+’ grade. While the grade awarded reflects the lack of real action taken in 2013 it also reflects the Government’s promise to enact the Children and Family Relationships Bill in 2014. This legislation will represent a progressive step to address some of the inequalities faced by children of unmarried parents, in particular children of cohabiting or civil partnered parents to whom a commitment has been given in the Programme for Government. These legislative reforms will also tackle difficult issues which have come before the courts and currently are not reflected in statute such as assisted human reproduction, surrogacy and the diverse make-up of contemporary family units. Children’s Rights Alliance Report Card 2014 | 122 6.1 Traveller Children Grade E Government Commitment Progress The Programme for Government commits to promoting Very limited greater co-ordination and integration of delivery of services to the Traveller community across Government, using available resources more effectively to deliver on principles of social inclusion, particularly in the area of Traveller education. What’s happening? A Sub-Group has been established to consider recognition of Traveller ethnicity. The Joint Oireachtas Committee on Justice, Defence and Equality has held consultations on Traveller ethnicity and is due to report back to the Dáil. At Ireland’s hearing for the UN Universal Periodic Review (UPR) in October 2011, the Minister for Justice and Equality, Alan Shatter TD, announced that the Government was ‘seriously considering’ recognition of Travellers as an ethnic minority group.692 In March 2012, Ireland did not take the opportunity to grant Travellers ethnic minority status when it formally rejected a recommendation as part of the UPR process.693 During the UPR process, the State did, however, accept recommendations on protecting vulnerable groups from discrimination, including the social inclusion and integration of Travellers. In 2012, the National Traveller Monitoring and Advisory Committee (NTMAC) established a sub-group specifically to consider the issue of Traveller ethnicity.694 Following on from this, a conference was held on 27 September 2012 which heard submissions from a number of interested parties. In February 2013, the Minister for Justice and Equality again indicated that the issue of Traveller ethnicity continues to be under ‘serious consideration’ but there are no plans as yet to introduce any legislation on the matter.695 However, in April 2013, the Government responding to the Third Opinion of the Advisory Committee on the Implementation of the Framework Convention for the Protection of National Minorities (FCNM), a Council of Europe body, reiterated that no legislation to recognise Traveller ethnicity was forthcoming.696 692 Pavee Point (2011), Briefing: Why recognise Travellers as an Ethnic Group?, http://www.paveepoint.ie/briefing- why-recognise-travellers-as-an-ethnic-group/ [accessed 13 February 2014]. 693 Department of Justice and Equality (2012), Addendum to the Report of the Working Group on the UPR, http:// www.upr.ie/Clients/CEGA/UPRWeb.nsf/page/reports-en [accessed 7 December 2012]. 694 Minister for Justice and Equality Alan Shatter TD, Parliamentary Questions: Written Answers [35587/12; 35588/12], Dáil Debate, 18 July 2012. 695 Minister for Justice and Equality Alan Shatter TD, Parliamentary Questions: Written Answers [6004/13], Dáil Debate, 6 February 2012. 696 Council of Europe Advisory Committee on the Framework Convention for the Protection of National Minorities, Comments Of The Government Of Ireland On The Third Opinion Of The Advisory Committee On The Implementation Of The Framework Convention for the Protection of National Minorities by Ireland received on 19 April 2013 [GVT/COM/III(2013)003]. Children’s Rights Alliance Report Card 2014 | 123 The Joint Committee on Justice and Equality held a number of discussions on the issue of Traveller ethnicity, where relevant stakeholders made written and oral submissions calling for the Travellers to be recognised as an ethnic minority.697 The Committee is due to prepare a report to the Dáil after considering these submissions. Currently there is no timeframe for when this report will be finalised. Recognition of Traveller ethnicity would require public authorities and policymakers to ensure that the identity and culture of Travellers is respected in matters affecting them. It would also ensure that Travellers would be afforded protection under the EU Race Directive. Recognition of the ethnic minority status of Travellers would open a new dialogue as to how the State interacts with Travellers into the future. Comment The section on ‘Traveller Children’ gets an ‘E’ grade in Report Card 2014, to reflect little or no meaningful action to improve the lives of Traveller children. The repeated failure to recognise Travellers
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