Justice sub-Committee calls for ‘human rights’ to be included as charitable purpose in Charities Act

On International Human Rights Day, the Justice sub-Committee launched a report on the Charities Act, 2009. The report reviewed the effectiveness of the Act over the previous five years.

Following public hearing, the report recommended:

1. To amend the Charities Act 2009 to include “the advancement of human rights” in its list of charitable purpose as noted in Section 3 of the Act;
2. That the Charities Regulatory Authority provides guidance on the kinds of charitable work that promote public benefit;
3. That the Charities Regulatory Authority works with the Revenue Commissioners (by way of a Memorandum of Understanding) to ensure as far as possible, consistency between decisions made by the Charities Regulatory Authority and the Revenue Commissioners with regard to treatment of charitable organisations.

Senator Zappone, as Report Rapporteur noted, ‘‘This report was motivated by the fact that I and my colleagues on the sub-committee were concerned that the Charities Act, 2009 omitted the ‘advancement of human rights’ as a definition of charitable purpose, thereby excluding most human rights organisations from what is legally recognised as the charitable sector.’’

“This is a serious omission and one that we believe should be remedied as soon as possible. Consequently, the sub-Committee undertook an examination of this omission and have concluded that now is the time to amend the Charities Act 2009, so that human rights organisations have the opportunity to be recognised as part of the charitable sector, to apply for charitable status, and thereby be supported to ensure proper regulation of their governance, structure and work.”

“This report is an example of the significance of parliamentary oversight of human rights issues and obligations. Acknowledging the importance of and being inclusive of human rights is compatible with international law and convention that Ireland already accedes to – amending the Charities Act would only further solidify this commitment.”

Committee Chair, David Stanton, TD, also noted the significance of these recommendations on an international scale stating, “Many countries recognise the promotion of human rights as a charitable purpose. Amending the law to reflect this would insure greater transparency across the charities sector and would demonstrate Ireland’s ongoing commitment to the advancement and promotion of human rights.”