E&LA Section - IHREC



IHRC Human Rights E-Bulletin     Issue 4 November 2008

Irish Human Rights Commission - Promoting and Protecting Human Rights in Ireland

Introduction 

Welcome to the 4th issue of the IHRC Human Rights E-Bulletin. The IHRC is Ireland’s National Human Rights Institution and has a statutory remit under the Human Rights Commission Act 2000 to ensure that the human rights of all people in Ireland are promoted and protected in law, policy and practice. The purpose of this monthly bulletin is to provide an update on the IHRC’s work.

Contents

1. The Commission in Focus – Commissioner Rosemary Byrne

2. IHRC and Law Society 60th Anniversary of the Universal Declaration of Human Rights Exhibition – CSPE Student Poster Exhibition, 16-20 Dec 2008

3. IHRC 3rd Annual Human Rights Lecture by President of Ireland, Mary McAleese, 25 November 2008

4. Conference on the European Convention on Human Rights Act 2003–5 Years On,

5. Mainstreaming Human Rights Education in Schools, Conference, 6 Nov 2008

6. 9th Biennial International Conference of NHRIs, Kenya, 20-24 October 2008

7. Observations on the Scheme of Mental Capacity Bill 2008

8. Observations on the Criminal Law Insanity Act 2006 (Amendment) Scheme 2008

9. Habitual Residence Condition Roundtable, 29 October 2008

10. Presentation on Civil and Political Rights to Trinity Young Greens and UCC FLAC Society

11. Engagement in CERD Consultation

12. Intellectual Disabilities and Human Rights

13. Mental Health and Human Rights

14. Notice Board

a. Traveller Focus Week will take place from 1-5 December 2008 across Ireland.

b. ACLU Legal Director Mr. Steven Shapiro to speak at 2ndAnnual Dave Ellis Memorial Lecture, 6.30pm, 1 December 2008

c. ICCL Human Rights Film School Competition launch 6pm, 10 December 2008

1. The Commission in Focus – Commissioner Rosemary Byrne

Rosemary Byrne was appointed a Commissioner in 2006. Dr. Byrne is a Senior Lecturer in international and human rights law at Trinity College Dublin and a Research Fellow at the Institute for International Integration Studies. Throughout her professional career she has engaged in research and advocacy in the areas of migration, refugee and asylum law and has spoken on human rights in over 15 countries. She has worked with a range of international and Irish non-governmental organisations and conducted human rights training for the Council of Europe and the Helsinki Committee.

In her role as IHRC Commissioner, Rosemary Byrne is a member and active contributor to the overall work of the Commission, and in particular it’s Racism, Trafficking and Migration Committee and its Gender and Equality, and Economic, Social & Cultural Rights Committee.

Since 2000, Dr Byrne has also worked in the area of post-conflict justice, establishing the International Process and Justice project that monitors the trials underway at the International Criminal Tribunal for Rwanda. She holds a Bachelor of Arts degree in Political Science from Columbia University and a Juris Doctorate from Harvard Law School.

Working Structure of the IHRC

The work of the IHRC is delivered through two divisions: Research, Policy & Promotion, and Enquiries, Legal Services & Administration. Work carried out by both Divisions is outlined below.

Research, Policy and Promotion Division

The Research, Policy and Promotion Division carries out the work of the IHRC in research, policy, legislative review, awareness, human rights education and international relations including the IHRC’s chairmanship of the European Group of National Human Rights Institutions.

2. IHRC and Law Society 60th Anniversary of the Universal Declaration of Human Rights Exhibition – CSPE Student Poster Exhibition, 16-20 Dec 2008

The IHRC and the Law Society of the Ireland have invited young people to raise the profile of UDHR in Ireland by completing a Civil, Social and Political (CSPE) Poster Action on human rights in Ireland to convey that the Universal Declaration of Human Rights is still as relevant and inspiring on its 60th Anniversary as it was in 1948.

The posters will be exhibited at the President’s Hall of the Law Society for one week from 16 to 20 December 2008. It will be formally opened on Tuesday 16th of December and forms part of the commemoration by the IHRC and the Law Society of the 60th Anniversary of the Universal Declaration of Human Rights. Full details of the launch will be available shortly on our web-sites (ihrc.ie and lawsociety.ie).

To register to your interest in attending the launch, please contact Karine Petrasuc at tel: 01 8589601 email: kpetrasuc@ihrc.ie

3. IHRC 3rd Annual Human Rights Lecture by President of Ireland, Mary McAleese, 25 November 2008

President of Ireland, Mary McAleese delivered the IHRC’s 3rd Annual Human Rights Lecture on Tuesday, 25th November 2008 on the theme of the 60th Anniversary of the Universal Declaration of Human Rights to a packed audience of more than 250. In her lecture, President McAleese said that the Declaration’s “thirty Articles were hewn from the distilled wisdom of bitter experience and the deepest intuition about the conditions necessary to secure the vindication of the dignity of every human being.” She said that two of the most remarkable aspects of the Universal Declaration of Human Rights were its “innovation in giving priority to the individual human being and the absolutely universal nature of the document.”

President McAleese went on to say that “strong legislation and accessible mechanisms for the vindication of human rights were important elements” in ensuring a human rights culture. Speaking about the IHRC as part of the infrastructure created by the Good Friday Agreement, she said “such structures are important evidence of the mainstreaming of human rights consciousness at every level of political and civic society. They keep that consciousness at a high level of priority and ensure that the attitudes and mind-sets which harbour reluctance to acknowledge the rights of others are persistently challenged, critiqued and outed, whether by advocacy or litigation.”

For President McAleese’s full speech ihrc.ie

4. Conference on the European Convention on Human Rights Act 2003–5 Years On, 8 November 2008

On Saturday the 8th November 2008 over 300 people attended the sixth Annual Human Rights Conference hosted by the Irish Human Rights Commission and the Human Rights Committee of the Law Society of Ireland. The conference examined the impact of the European Convention on Human Rights Act 2003 (ECHR Act) on Irish law through a series of plenary and parallel sessions on various aspects of the Convention.

The conference was opened by the newly elected President of the Law Society, Mr. John Shaw, who described human rights as “crucial to the development and maintenance of a just and democratic society”. Echoing this sentiment in his opening remarks, Dr. Maurice Manning, President of the Irish Human Rights Commission highlighted the role to be played by the IHRC “as the only independent statutory body which monitors the compliance of the organs of the State with the European Convention on Human Rights”.

The first plenary session of the conference benefited from the excellent contributions of Donncha O’ Connell, Lecturer in Law, NUI Galway, Ms. Justice Mary Finlay-Geoghegan, Judge of the High Court and Ms. Karen Quinlivan, Barrister-at-law (Northern Ireland) on the theme of the impact of the 2003 act on Irish law including an assessment of the ECHR Act and its use in the Irish courts. A comparison with the use of the Convention in Northern Ireland and the South was also examined.

The middle session included contributions from 18 of Ireland’s most eminent practitioners and academics, including IHRC Commissioner Bradley, and IHRC Deputy CEO, Des Hogan. The areas of human rights explored in parallel sessions which discussed the impact of the ECHR Act on the right to a fair trial and an effective remedy, criminal law, family law and privacy and the role of amicus curiae. The parallel sessions proved very popular as they allowed participants to delve more deeply into the application and impact of particular provisions of the Convention.

The afternoon plenary session took the opportunity to examine the practical use of the ECHR Act in litigation and also the relevance of the ECHR to the wider public service and community. The conference heard interesting commentary on this theme from Mr. Michael Farrell, Free Legal Advice Centre, Ms. Ceri Goddard, British Institute of Human Rights and Ms. Rosalind McKenna, Amnesty International.

In closing the Conference, both Mr Éamonn Mac Aodha, Chief Executive of the Irish Human Rights Commission and Mr. Colin Daly, Chairperson of the Human Rights Committee of the Law Society referred to the large attendance at the Conference as an indication of the growing interest in the application of the European Convention of Human Rights in Irish law and its impact on the further protection of human rights in Ireland. The papers from the Conference are available on the websites of the Irish Human Rights Commission (ihrc.ie) and the Law Society (lawsociety.ie).

For papers from the conference see ihrc.ie

5. Mainstreaming Human Rights Education in Schools, LIFT OFF Conference, Belfast, 6 November, 2008

Amnesty International’s LIFT OFF Initiative held its fourth annual cross border human rights education conference on Thursday, 6th November in the Wellington Hotel, Belfast, in collaboration with the Northern Ireland Human Rights Commission (NIHRC) and the IHRC.

The conference plenary sessions were chaired by Peter O’Neill, Chief Executive of the NIHRC and Éamonn Mac Aodha, Chief Executive of the IHRC respectively.

The speakers included;

▪ Jun Morohashi, UNESCO section for rights and values in education

▪ Catríona Ruane MLA, Minister for Education, Northern Ireland

▪ Gunilla Larsson, Director of Education at the National Agency for School Improvement in Sweden

▪ John Carr, General Secretary of the INTO

▪ Avril Hall-Callaghan, General Secretary of the Ulster Teachers’ Union

▪ Noeleen Hartigan, Programme Director, Amnesty International – Irish Section

Key Messages from the Conference:

▪ Jun Morohashi, from UNESCO said there is a shift taking place from a needs-based approach to a rights-based approach in education policy. The Convention on the Rights of the Child and the UN World Programme for Human Rights Education (HRE) should be used as a framework for mainstreaming HRE into education. She said that to attain clear policy commitments with regard to HRE Ireland should establish a policy development committee comprised of all key players in education and human rights and informed by a wide consultation process, and an analysis of the current provision of HRE

▪ The facilitated workshops revealed that HRE includes not only learning about human rights – it includes having the human rights of all people within the school respected, in particular meaningful student participation in decision making. A group of students involved in the LIFT Off project presented a workshop on human rights initiatives in their school. Teacher and Principal awareness and “buy in” into the benefits of a human rights based approach was considered crucial to effective HRE and more investment is needed in this area.

▪ John Carr, the General Secretary of the INTO, said that human rights education is ever more important as Ireland faces into difficult economic times as it educates children to respect diversity, improves a working democracy, and develops the critical thinking, communication, and interpersonal skills that will be necessary in the workplace of the future.

The Conference was organised by LIFT OFF (Amnesty International, INTO and Ulster Teachers Union) with the support of the Northern Ireland Human Rights Commission and the Irish Human Rights Commission.

For further information

6. 9th Biennial International Conference of NHRIs, Kenya, 20-24 October 2008 – adoption of the Nairobi Declaration

From 21-24 October the President of the IHRC, Dr. Maurice Manning, attended the 9th International Conference of National Institutions for the Promotion and Protection of Human Rights in Nairobi, Kenya on behalf of the IHRC and as Chair of the European Group of NHRIs. The meeting was organized by the United Nations Office of the High Commissioner for Human Rights (OHCHR) in cooperation with the Kenya National Commission on Human Rights and the International Coordinating Committee of NHRIs (ICC). The Conference focused on the theme of “National Human Rights Institutions and the Administration of Justice”, culminating in “The Nairobi Declaration,” which outlines concrete efforts NHRIs and the OHCHR should consider taking to promote and protect human rights with respect to traditional and conventional judicial systems, access to justice, legal aid, detention, and law enforcement.

The full text of the Declaration is available at the following link:

The conference was preceded by an institutional meeting which approved a new Statute for the International Coordinating Committee of NHRIs, thus marking an important step in the incorporation of an international organization for NHRIs across the globe. The ICC Statute can be viewed here:

7. Observations on the Scheme of Mental Capacity Bill 2008

The IHRC submitted its observations on the Scheme of Mental Capacity Bill 2008, which was referred to the IHRC by the Department of Justice, Equality and Law Reform. The main purpose of the 2008 Scheme is to reform the existing Wards of Court system, in so far as it applies to adults, and effectively replace it with a modern statutory framework governing decision making on behalf of persons who lack capacity. The proposed Bill will replace the existing Lunacy Regulation (Ireland) Act 1871. Overall the IHRC welcomed the 2008 Scheme, which broadly reflects the recommendations of the Law Reform Commission in its 2006 Report on Vulnerable Adults and the Law. The IHRC made a number of specific recommendations on the need to strengthen the procedural safeguards in the 2008 Scheme, including the right to legal representation, the right to a fair hearing and safeguards concerning the duration and review of decisions taken. The Observations also examined the need for adequate safeguards in relation to the committal of a person lacking capacity to a psychiatric institution. The IHRC recommended safeguards relating to the permissible grounds for deprivation of liberty and for the regular review of such detention by an independent body.

For IHRC’s Observations see ihrc.ie

8. Observations on the Criminal Law Insanity Act 2006 (Amendment) Scheme 2008

Overall the IHRC welcomed the improvements to the law governing this area in the Criminal Law Insanity Act 2006 (2006 Act). The IHRC considers that the 2008 Scheme is an important opportunity to further ensure the compliance of Irish law with the relevant international human rights standards, and is a further opportunity to implement some of the previous recommendations made by the IHRC in respect of the 2002 Bill.

Some of the recommendations which the IHRC issued in relation to the 2008 Scheme are as follows:

• IHRC recommends that Head 2 of the 2008 Scheme should amend Section 4(6) (a) of the 2006 Act so that the evidence of a consultant psychiatrist is required before a person is detained in order to ascertain whether they are fit to plead.

• Conditions attached to discharge of an individual should be reasonable, proportionate and within the power of the person being discharged to fulfil. In addition, the Review Board can review the conditions of discharge applied to the person concerned to ensure such conditions are reasonable, proportionate, within the power of the person discharged to fulfil and of continuing relevance to the person concerned.

• The IHRC is concerned about some aspects of the independence of the Review Board from the Executive under the 2006 Act. As noted above, the review procedure is subject to the consent of the Minister for Justice. The Minister for Justice may appoint members from time to time as the occasion requires,[1] and the Minister for Justice, the DPP and where appropriate the Minister for Defence may be heard or represented at sittings of the Review Board.[2] These measures combined may have the potential to undermine the independence or perceived independence of the Review Board from the Executive.

For IHRC’s Observations see ihrc.ie

9. Habitual Residence Condition Roundtable, 29 October 2008

The IHRC hosted a roundtable on the habitual residence condition within Irish law, chaired by Commissioner Michael Farrell. This roundtable was attended by representatives of the Department of Social and Family Affairs and the Department of the Environment along with a number of NGOs and members of civil society, including the Free Legal Advice Centres (FLAC), the Migrant Rights Centre Ireland (MCRI), Immigrant Council of Ireland (ICI) and the National Consultative Commission on Racism in Ireland (NCCRI). The roundtable facilitated the interaction of information on the habitual residence condition between the various parties and stakeholders.

10. Presentation on Civil and Political Rights to Trinity Young Greens and UCC FLAC Society

The IHRC was invited to present on The Protection of Civil and Political Rights in Ireland at two outreach events in November 2008. These presentations, to the Trinity Young Greens in Dublin and to the UCC FLAC Society in Cork, examined IHRC submissions to the UN Human Rights Committee on the International Covenant on Civil and Political Rights (ICCPR) and the concluding observations of this important UN committee. The IHRC presentation noted the importance of our involvement within this process, as a National Human Rights Institution, and that the importance of the IHRC’s role had been highlighted by the Human Rights Committee in its Concluding Observations.

11. Engagement in CERD Consultation

On November 25th 2008, the IHRC presented at a Department of Justice, Equality and Law Reform roundtable on the forthcoming report on Ireland’s compliance with the UN Convention on the Elimination of Racial Discrimination (CERD). This roundtable was attended by a variety of statutory agencies including the Equality Authority and the National Consultative Commission on Racism in Ireland (NCCRI), along with NGOs and representatives of civil society. The IHRC had provided a submission to the Department in January 2008 and focused its comments on the rights of a number of groups under the CERD Convention, including:

• Funding and support of human rights institutions;

• Discriminatory treatment of minority groups;

• Migration concerns and discrimination;

• The rights of protection and asylum applicants;

• Issues relating to discrimination and the Travelling Community;

• Women and multiple discriminations; and,

• Education and combating discrimination.

Enquiries, Legal Services and Administration Division

The Enquiry and Legal Services section of the Division is usually the first point of contact between members of the public concerned about human rights and the IHRC. This service is vital to support and inform the overall work of the IHRC and ensures that the IHRC is aware of human rights issues as they are emerging and as they effect people in practice. It is on the basis of these communications that the IHRC exercises its enquiry and legal functions.

Over the past few weeks the IHRC has made two submissions on matters relating to disability and human rights. These submissions were made in the context of Ireland having signed the UN Convention on the Rights of Persons with Disabilities and its intention to shortly ratify the Convention.

12. Intellectual Disabilities and Human Rights

In September 2008 the Health Information and Quality Authority (HIQA) published Draft National Quality Standards: Residential Services for People with Disabilities, and sought consultation with interested parties on same. The IHRC is currently conducting an enquiry into the human rights of persons with an intellectual disability being cared for in a residential setting. In light of its accumulated knowledge of the human rights standards in this area the IHRC considered it opportune to share that knowledge with HIQA in formulating the standards, to ensure that human rights were reflected into the standards as fully as possible. The IHRC is of the view that establishing transparent accessible standards in health care, including the delivery of services to persons with intellectual disabilities, is one extremely important mechanism for the protection their human rights. The IHRC was extremely impressed by the clarity, thoughtfulness and comprehensiveness of the standards proposed by HIQA and the fact that human rights standards were already mirrored in the draft standards. The IHRC’s contribution to the consultation was to ensure that the standards fully reflect the provisions of the UN Convention on the Rights of Person with Disabilities which the State proposed to ratify in the near future. In addition the IHRC drew on the United Nations Principles for the Protection of Persons with Mental Illness and for the Improvement for Mental Health Care (MI Principles). The IHRC’s recommendations ranged across a broad range of matters including protection from discrimination, confidentiality of communications, the right to choose where to live, and the availability of habilitative and rehabilitative care.

For full text of the Draft Standards see hiqa.ie

For IHRC’s Submission see ihrc.ie.

13. Mental Health and Human Rights

The Mental Health Commission (MHC) has a statutory function to develop and publish Codes of Practice in relation to the care and treatment of service users in the mental health service. To this end the MHC most recently published a Draft Code of Practice entitled: Guidance for Persons working in Mental Health Services with People with Intellectual Disabilities. The MHC put the draft code out to consultation. As with the HIQA draft standards the IHRC considered it important that its specific expertise in relation to the human rights of person with disabilities would be made available to MHC for the purpose of finalising the Code. Again the IHRC found that the Draft Code was extremely comprehensive and clearly reflected an approach based on human rights. In this regard the IHRC limited its submission to a small number of points. The Submission again drew on the UN Convention on the Rights of Persons with Disabilities and the MI Principles, and referred to a number of human rights standards. These recommendations include that the Draft Code would refer to the right of persons with disabilities to achieve full and effective participation in society, that involuntary seclusion should never extend beyond the period strictly necessary, and where necessary it should be carried out in the least restrictive environment possible and should never amount to the deprivation of a persons’ liberty, and where appropriate mental health services should work in collaboration with habilitation and rehabilitation services.

For full text of draft code see mhcirl.ie

For IHRC’s Submission can be found at ihrc.ie.

14. Notice Board

▪ Traveller Focus Week will take place from 1-5 December 2008 across Ireland.

Traveller Focus Week will be launched 10am Monday 1st Dec, Royal College of Physicians. RSVP info@pavee.ie or Tel: 01 8780255.

The theme of the week is Intercultural Dialogue, tying in with the European Year. All over Ireland Traveller organisations will be working together and with other partners to arrange innovative and exciting events. Organisations are encouraged to spread the word, and consider arranging an event. To participate in Traveller Cultural Week check out tfw.ie or email tfw@pavee.ie

▪ FLAC Event: ACLU Legal Director Mr. Steven Shapiro to speak at 2ndAnnual Dave Ellis Memorial Lecture, 6.30 pm, 1 December, 2008

FLAC is delighted to announce that our Second Annual Dave Ellis Memorial Lecture will take place on Monday 1 December 2008, kicking off at 6.30pm sharp.  The event will take place in the Morrison Hotel, Lower Ormond Quay, Dublin 1.   The lecture will be delivered by the Legal Director of the American Civil Liberties Union, Mr. Steven Shapiro.  The registration starts at 6.00 p.m. There will be a reception with wine and canapés following the lecture.

The late Dave Ellis was a community activist who dedicated his career to working with community groups on areas including welfare rights, legal aid, legal education and legal entitlements generally. Dave was Community Law Officer at Coolock Community Law Centre (now Northside CLC – nclc.ie) for more than 20 years. He subsequently established Community Legal Resource to provide information, training and support for the not-for-profit and community sector.

If you would like to attend the evening, please e-mail FLAC at piln@flac.ie or phone us at 01-8745690.

▪ ICCL Human Rights Film School Competition launch, 6pm, 10 December 2008

The Human Rights Film School Competition, which will call upon filmmakers and human rights advocates and activists to submit an original short film about a human rights-related topic relevant to Ireland. Of the entrants, five will be shortlisted for public screening in late spring/early summer 2009, where the Competition Jury, including directors Jim and Kirstin Sheridan, will announce a winner.

The grand prize of the competition is a place in the Summer Film School at the European Inter-University Centre for Human Rights and Democratisation (EIUC) in Venice, including access to the 2009 Venice Film Festival. We will also have assorted runners up prizes, including equipment rental and classes from Filmbase.

Through the Human Rights Film School, the ICCL hopes to demonstrate how the arts and, in particular, the medium of film, can be used to raise public awareness about important human rights issues and, ultimately, to inspire more people to want to make a difference in the world around them. 

Please visit for further details and to attend the event.

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[1] Section 12(6) and Schedule 1 of the 2006 Act.

[2] Ibid.

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