New wide-ranging human rights report to UN hits out at government Covid-19 response

8 April 2021

A coalition of human rights organisations led by the Irish Council for Civil Liberties (ICCL) has submitted a wide-ranging and critical report to the UN Human Rights Council. The organisations are particularly critical of the lack of human rights protections in the government covid response.

The report highlights the lack of pre-legislative scrutiny or analysis of the impact on disparate groups. ICCL’s Head of Legal and Policy, Doireann Ansbro, said:

“Government has rushed emergency legislation through the Dáil twice now, making a mockery of the democratic process. It has never published a human rights analysis of the proportionality of the measures it has imposed or of their impact- something we’ve called for for over a year.”

ICCL again raised our concerns that key safeguards relating to the detention of people with mental health issues were eroded with the legal response to the pandemic. Ms Ansbro continued:

“Incredibly, there has never been any significant investigation into whether certain groups are suffering more under restrictions and what additional supports they need; for example women in situations of domestic violence, children studying in Direct Provision centres, and mental health patients.”

The report also criticises the poor communications around regulations, and the conflation of legal requirements with public health advice. Right now even the most informed of legal experts are unsure whether, for example, one can legally hold a religious ceremony.

The report is submitted in advance of a planned review in November by the UN Human Rights Council of Ireland’s record on rights and touches on all the major human rights issues facing Ireland today.

In the report there are several recommendations including prohibition of racial profiling by police, and the legal formalisation of ethnic status for the Traveller community. Recommendations on immigration reform and the abolition of Direct Provision have been made all the more urgent during the pandemic. The report recommends outlawing “conversion therapy” and ending the ban on blood donations by men who have had sex with men in the past year. The report cites a 21% increase in the daily average of people in pre-trial detention since 2017 and flags concerns about medicating patients on an “as needed” basis in psychiatric institutions. The report also highlights significant flaws in the health (Termination of Pregnancy) Act 2018.

The report recommends ratifying the Convention on Enforced Disappearances, which would provide a roadmap for dealing with institutional abuse and forced and illegal adoptions. There is also a recommendation on ratifying international treaties on economic, social and cultural rights which would provide additional protection for those failed by the housing and health systems in Ireland.

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The coalition of human rights organisations are: Age Action; BeLonG To Youth Services; Irish Family Planning Association (IFPA); Immigrant Council of Ireland; Irish Network Against Racism (INAR); Irish Penal Reform Trust (IPRT); Nasc; National Women’s Council (NWC).

Find the full report here: https://www.iccl.ie/wp-content/uploads/2021/04/ICCL-coalition-submission-to-UPR.pdf

The Irish Council for Civil Liberties (ICCL) is Ireland’s oldest independent human rights campaigning organisation. We monitor, educate and campaign to secure human rights for everyone in Ireland.

For comment: Doireann Ansbro

For media queries: sinead.nolan@iccl.ie