The United Nations Committee on the Elimination of Discrimination Against Women (CEDAW) Committee has issued its report on Ireland progress in meeting its international human rights obligations under the Convention on the Elimination of Discrimination Against Women.
FLAC was part of the civil society delegation at the United Nations in Geneva which briefed CEDAW in advance of their review of Ireland’s record on the 20th June. CEDAW’s final report has adopted several of FLAC’s recommendations including calling on Ireland to “expedite the drafting and enactment” of new equality and anti-discrimination legislation, highlighting the need to “strengthen and support for victims of workplace sexual harassment … and ensure effective remedies and compensation for victims” as well as to ensure the legislation “[includes] of the broad range of internationally recognised grounds of discrimination against women and girls, including intersecting forms of discrimination.”
CEDAW has also made several recommendations in relation to Ireland’s system of civil legal aid, including by highlighting the need for targeted legal services for Travellers, Roma, migrants and people with disabilities. It has also called on the State to “[eliminate restrictive financial eligibility criteria for legal aid” and to “expand access to legal aid and legal representation for women in all areas of law where discrimination occurs, including labour disputes, welfare benefits and other civil maters”.
FLAC has welcomed the publication of CEDAW’s concluding recommendations concerning Ireland and the Committee’s particular focus on the area of access to justice throughout its report. FLAC has engaged with CEDAW throughout the review process, and briefed Committee members about concerns and recommendations in Geneva in advance of its examination of the Irish State delegation.
FLAC Chief Executive Eilis Barry commented:
“CEDAW’s report underscores the crucial role of access to justice and access to legal assistance in securing human rights and equality for all groups including women, Travellers, Roma, minority ethnic and migrant communities, and people with disabilities. The Committee has highlighted the many barriers to justice which exist in Ireland, including the ‘restrictive’ means test for civil legal aid, the fact that the Legal Aid Board cannot promote awareness of legal rights, and the absence of legal aid in social welfare, employment, discrimination, harassment and sexual harassment cases. CEDAW has called on the State to address these issues and to provide greater support for targeted legal services to meet the needs of disadvantaged people and communities.
CEDAW’s report could not be more timely. Ireland has recently arrived at a unique moment of opportunity to respond to our ongoing legal aid crisis. The Civil Legal Aid Review Group has now reported to the Minister for Justice. The ‘Migration Pact’ requires the State to introduce new forms of public legal assistance for international protection applicants, including early information and advice (both of which should be mainstreamed into all areas of the legal aid system).
CEDAW is one of eight European and international human rights bodies which have expressed serious concerns about access to justice in Ireland. Other bodies which have called for improvements to the system of civil legal aid include the UN Committee on the Elimination of Racial Discrimination, the UN Committee on Economic, Social and Cultural Rights, the UN Committee on the Rights of the Child, the European Committee of Social Rights, and the Council of Europe GREVIO Committee (which monitors compliance with the Istanbul Convention on preventing violence against women). The existing system is clearly incompatible with our European and international obligations and requires urgent reform.
Separately, the Oireachtas Equality Committee has begun its consideration of the draft Equality Bill. FLAC will appear before that Committee next Thursday (17 July). The Equality Bill is another golden opportunity to respond to CEDAW’s recommendations and to breathe fresh life into Ireland’s prohibition of discrimination. FLAC has long campaigned for greatly improved equality legislation and we look forward to engaging with the Committee about how the Bill may be strengthened.”
Click here to read CEDAW’s full concluding recommendations on Ireland
Click here to read FLAC’s full report to CEDAW
Click here to read FLAC’s Press Release