COE Human Rights Commissioner demands action on transgender rights and asylum reform

The Council of Europe’s Human Rights Commissioner, Nils Muiznieks, recently published correspondence between his office and three Irish Ministers following his visit to Ireland in October of this year. The Commissioner in his letters calls on the Irish Government to legislate efficiently for transgender recognition and to reform the immigration and asylum system.

In his letter to the Minister for Social Protection, Joan Burton, the Commissioner referred to his meeting with transgender rights champion, Dr. Lydia Foy, who brought the groundbreaking case that has necessitated the drafting of legislation on transgender rights.  Despite securing a High Court judgment stating that Ireland is in breach of the European Convention on Human Rights, Ms. Foy is still unable to secure a birth certificate in her preferred gender. Mr Muiznieks called for the speedy implementation of legislation on transgender rights saying “It is encouraging that you are committed to proceeding with the necessary legislation... However, I am concerned that there is no timeline as to when the draft will be sent to the committee.”

In his letter to the Minister for Justice, Defence and Equality, Alan Shatter, the Commissioner addressed the asylum process in Ireland.  In particular, Mr Muiznieks highlighted the position of children who must live in unacceptable conditions in direct provision centres for extended periods. He said “I... appreciate your commitment to publishing long-awaited comprehensive draft asylum legislation early next year with a view to remedying the situation and speeding up decision making... I encourage you to introduce the respective bill as a matter of priority.”

In addition the Commissioner warned about budget cuts in the area of mental health and the effect that such cuts would have on community living and the implementation of the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD).

Click here to read the Commissioner’s statement and the texts of the letters online.

Click here to read FLAC’s press release.

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