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Council of Europe Commissioner for Human Rights Mr Strasbourg, 30 April 2008 CommDH(2008)9 Original version REPORT BY THE COMMISSIONER FOR HUMAN RIGHTS MR. THOMAS HAMMARBERG ON HIS VISIT TO IRELAND 26 - 30 November 2007 For the attention of the Committee of Ministers and the Parliamentary Assembly CommDH(2008)9 Table of Contents 1. Introduction ..................................................................................................................... 4 2. National system for protecting human rights ............................................................... 5 2.1 Status of international human rights standards ............................................................ 5 2.2. The Irish Constitution and its envisaged reform .......................................................... 6 2.3 The judiciary and access to justice .............................................................................. 6 2.4 Complaints bodies and human rights structures .......................................................... 7 2.5 Police .......................................................................................................................... 9 2.6 Civil society ............................................................................................................... 10 2.7 Human rights education ............................................................................................ 11 2.8 National coordination of human rights issues ............................................................ 12 3. Children’s Rights .......................................................................................................... 13 3.1 Constitutional reform ................................................................................................. 14 3.2 Corporal punishment ................................................................................................. 15 3.3 Separated and missing children ................................................................................ 16 3.4 Access to education .................................................................................................. 18 3.5 Access to mental health care .................................................................................... 19 4. Juvenile Justice ............................................................................................................ 20 4.1 Juvenile Justice System ............................................................................................ 20 4.2 Detention ................................................................................................................... 22 5. Non-discrimination and women’s rights ..................................................................... 23 5.1 Legal and institutional framework .............................................................................. 23 5.2 Gender discrimination and women’s rights ................................................................ 24 5.3 Violence against women ............................................................................................ 26 6. Measures against racism and xenophobia .................................................................. 27 7. Situation of Travellers .................................................................................................. 29 8. Treatment of migrants and asylum-seekers ................................................................ 30 8.1 The current immigration and asylum framework ........................................................ 31 8.2 The proposed Immigration, Residence and Protection Bill ......................................... 31 8.3 Asylum-seekers......................................................................................................... 33 8.4 Family reunification ................................................................................................... 34 9. Fight against terrorism: extraordinary renditions ...................................................... 34 10. Recommendations ...................................................................................................... 36 APPENDIX 1 ...................................................................................................................... 39 List of authorities, civil society organisations and institutions met or consulted................... 39 APPENDIX 2 ...................................................................................................................... 42 Response of the Irish government....................................................................................... 42 2 CommDH(2008)9 1. Introduction 1. The Council of Europe Commissioner for Human Rights Mr. Thomas Hammarberg conducted an official visit to Ireland from 26 to 30 November 2007 upon invitation by the Irish Government. The visit was part of a continuous process of regular country missions by the Commissioner to all Council of Europe member states to assess their effective respect for human rights. 1 The Commissioner was accompanied by Mr. Lauri Sivonen, Ms. Silvia Grundmann and Mr. Stefano Montanari, members of his Office. 2. In the course of his visit the Commissioner met with An Taoiseach Bertie Ahern, Minister for Foreign Affairs Dermot Ahern, Minister for Justice, Equality and Law Reform Brian Lenihan, Minister for the Environment, Heritage & Local Government John Gormley, Minister for Health and Children Mary Harney, Minister of State for Children Brendan Smith, and Minister of State for Integration Conor Lenihan. Mr. Hammarberg visited Dublin and Cork and held discussions with representatives of local authorities, parliamentarians, members of the judiciary, specialised ombudspersons, members of the Irish Human Rights Commission (IHRC), as well as civil society representatives. Furthermore, the Commissioner delivered the IHRC Annual Human Rights Lecture in Dublin and, in Cork, addressed the participants of a seminar on guardianship and migrant children jointly organised by the Centre for Criminal Justice and Human Rights of the University College Cork and the Irish Refugee Council. He also made several institutional visits to facilities and sites with human rights relevance. 2 3. The Commissioner expresses his great appreciation for the generous co-operation of the Irish authorities at all levels in facilitating the visit and wishes to thank the Minister for Foreign Affairs and his Department for their shared commitment to the objectives of the mission. Moreover, he extends his gratitude to all people met during the visit for their open attitude and frank exchange of views. The Commissioner is particularly pleased to have had the opportunity to meet with many civil society representatives who shared their expertise and valuable insights regarding the human rights situation in Ireland. 4. The purpose of this report is to identify opportunities for improving the protection and promotion of human rights in Ireland. The Commissioner considers that following on from an open dialogue with the relevant authorities during his visit, this report should serve as a tool for progression, future co-operation and follow-up. He calls upon the authorities and institutions concerned to contribute their collective expertise for further strengthening of human rights protection in Ireland. Continuous efforts are required in every member state to uphold human rights to a high standard. Such work can only be efficient and constructive when it is carried out through permanent dialogue with all stakeholders. 5. This report begins with a brief assessment of the national system for human rights protection in Ireland and is followed by chapters dealing with specific human rights concerns the Commissioner wishes to highlight. It is based on information acquired during the visit along with statements, reports and statistics provided by the authorities and civil society organisations in Ireland. Naturally, relevant reports prepared by human rights monitoring mechanisms of the Council of Europe and other international organisations are also referred to. This first assessment report of the Commissioner in 1 See the Commissioner’s mandate – especially Article 3 (e), Resolution (99) 50 on the Council of Europe Commissioner for Human Rights. 2 A full list of people, institutions and facilities visited can be found in the appendix to this report. 3 CommDH(2008)9 relation to Ireland does not provide an exhaustive analysis of the human rights situation in Ireland but rather reflects what the Commissioner considers to be the priorities for improving the protection of human rights in the country. 2. National system for protecting human rights 2.1 Status of international human rights standards 6. Ireland ratified the European Convention on Human Rights and Fundamental Freedoms (ECHR) in 1953. The Northern Ireland Peace Agreement (Good Friday Agreement), which was reached in multi-party negotiations on 10 April 1998, provided for the establishment of a Human Rights Commission in Ireland and for a Human Rights Commission in Northern Ireland. Under the Good Friday Agreement, the Commissions are charged with promoting and protecting human rights in their respective jurisdictions and with working together in order to promote the protection of human rights on the island of Ireland. 7. On 30 December 2003, the European Convention on Human Rights Act 2003 entered into force implementing the European Convention into Irish law subject to the Irish Constitution of 1937. Since then, people have been able
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