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International Covenant on Civil & Political Rights (ICCPR) Fourth Periodic Examination of IrelandSubmission to the Seanad Public Consultation Committee21 March 2014
UN Human Rights Councila legacy for ireland?Y�r R��s. R�� N�
International Covenant on Civil and Political Rights (ICCPR) Fourth Periodic Examination of Ireland
Submission to the
Seanad Public Consultation Committee
21 March 2014
This submission has been prepared by the ICCL and submitted on behalf of the following civil society organisations, who are members of the UN Human Rights Council Legacy Steering Group: Gay and Lesbian Equality Network; Irish Traveller Movement, Inclusion Ireland, Transgender Equality Network Ireland, Irish Family Planning Association, Free Legal Advice Centres, Immigrant Council of Ireland and Age Action. All of the views expressed in the report do not necessarily reflect the policies and positions of each endorsing organisation.
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Introduction The Irish Council for Civil Liberties (ICCL) is Ireland’s independent human rights watchdog which monitors, educates and campaigns for the respect and protection of human rights in Ireland. The ICCL welcomes the opportunity to contribute to the Seanad Consultation Committee’s (SCC) consideration of Ireland’s international human rights obligations regarding Ireland’s upcoming Fourth Periodic Examination under the International Covenant on Civil and Political Rights (ICCPR) in July 2014.1
HRC Legacy Project Recognising the importance of Ireland’s role as a member of the UN Human Rights Council, the ICCL launched its UN Human Rights Council Legacy project in 2013. Implementation of UN recommendations at home is key to a country’s capacity to promote and protect human rights abroad and thus, we welcome the Seanad’s engagement with the ICCPR process. The Legacy project is tracking the progress of seven key impact areas (ratification of the International Convention on the Rights of Persons with Disabilities (ICPRD), ratification of the Optional Protocol to the UN Convention Against Torture (OPCAT), creation of an effective National Human Rights Institution (NHRI), marriage equality, gender recognition, reproductive justice and recognition of Travellers as an ethnic minority) throughout the term of Ireland’s membership of the Council.
Civil Society Coalition Following the submission of the State’s Fourth Periodic Report in 2012, the ICCL brought together a broad coalition of civil society organisations to provide updated information on Ireland’s human rights record under ICCPR.2 In September 2013, the Steering Group3 oversaw the production of a detailed Stakeholder Report on the List of Issues to the UN Human Rights Committee (hereinafter the ‘Committee’) for consideration in advance of the compilation of the draft list of issues on Ireland. An ICCL representative travelled to Geneva to formally brief the Committee in October 2013 in advance of the compilation of the draft List of Issues. In November 2013, the Committee published the List of Issues on Ireland for consideration during the 111th Session of the Human Rights Committee in July 2014. The List of Issues broadly reflects the concerns which arose in the stakeholder report and subsequent briefing. In March 2014, Ireland published its response to the List of Issues thereby fulfilling its reporting obligations to the Committee well in advance of the oral hearing in July. A complete analysis of the State’s response to the List of Issues is currently being prepared by the Steering Group in advance of Ireland’s appearance before the Committee in July 2014.
Ireland’s Human Rights Record under ICCPR Following on from Ireland’s Third Examination under ICCPR by the Committee in 2008, the ICCL is pleased to note the pace of legislative and policy reform in relation to certain civil and political rights in Ireland, including the enactment of the Protection of Life during Pregnancy Act 2013 and the Criminal Justice (Female Genital Mutilation) Act 2012; the formal State apology and subsequent establishment of a scheme of redress for the women detained in Magdalene Laundries; the outcome of the referendum on the rights of children, certain reforms of the Irish penal system including plans to end the inhuman and degrading practices regarding in cell sanitation, the enactment of the Civil Partnership and Certain Rights
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and Obligations of Cohabitants Act 2010 and the establishment of the Convention on the Constitution to address areas of Constitutional reform including in relation to blasphemy, the role of women and equality for same sex couples. Notwithstanding these developments, it is regrettable that there has been little or no movement on a number of areas of concern including, inter alia, broadening Ireland’s restrictive laws on abortion to meet its obligations under the Covenant, the enactment of the proposed Immigration, Residence and Protection Bill, progress on the recognition of Travellers as an ethnic group and strengthening the independence of Ireland’s Garda Síochána (Police) Ombudsman.
A. Constitutional and legal framework within which the Covenant is implemented (Article 2)
Human Rights and Equality Infrastructure Ireland’s statutory human rights and equality infrastructure experienced significant budgetary cuts during the period 2008-‐2013, although additional resources have recently been made available to facilitate the merger of the Irish Human Rights Commission and the Equality Authority. Following on from the appointment of members Designate of the new Irish Human Rights and Equality Commission, on 21 March 2014, the Irish Human Rights and Commission Bill 2014 was published. Proposals to restructure five employment rights and quasi judicial bodies, including the Equality Tribunal, into the Workplace Relations Commission are also at an advanced stage. When considering Ireland’s obligations arising under Art 2 of the Covenant, the SCC should consider whether and how the changes under the IHREC Bill 2014 to the equality and human rights infrastructure in Ireland will produce a more coherent and effective institutional framework for the protection and promotion of human rights, whether and how the new IHREC will comply with international standards (the Paris Principles) and conditions for accreditation as an A status national Human Rights Institution by the International Coordinating Committee, and finally, whether and how existing levels of service can be improved and maintained including in relation to staffing and resources. The SCC should also consider how the new planned two-‐tier Workplace Relations Commission will impact on cases taken under the State’s equality legislation and in particular on the number of cases initiated and decided under the Equal Status Acts 2000-‐2011 which have seen a significant decline since structural reform of the Equality Tribunal was announced.
Police Complaints Mechanisms – Garda Síochána Ombudsman Commission In a 2013 Report on Ireland, the UN Special Rapporteur on human rights defenders, expressed concern at the “serious constraints” faced by GSOC, including financial and resource limitations, and the reported limited public awareness of its activities and responsibilities.4 Previously, GSOC has proposed to increase the “leaseback” procedure of certain complaints for investigation by the Garda Síochána. In its Concluding Observations on Ireland’s Third Periodic Report, the Committee expressed its regret regarding “the backlog of cases before the Garda Síochána Ombudsman Commission and the ensuing reassignment of
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the investigation of a number of complaints involving the potentially criminal conduct of Gardaí (police) to the Garda Commissioner”.5 Recent developments in relation to GSOC has raised concerns regarding the ability of GSOC to function effectively as an independent police ombudsman, the nature and quality of its relations with the Department of Justice including at Ministerial level and the nature and quality of its relationship with An Garda Siochána, including at the level of Garda Commissioner.6 Following the recent emergence of the report, commissioned by GSOC in 2013, which revealed its concerns at potential surveillance of its premises by An Garda Siochána, the public perception of the agency and its effectiveness has likely been damaged. While an independent review of the circumstances surrounding the potential surveillance of GSOC has been established, it has not been established under the provisions of the Commissions of Investigation Act 2004 and appears to fall short of a full independent inquiry, including with the power to compel witness, which would be required to restore public confidence in the independence and effectiveness of the Ombudsman.7 Following further damaging revelations into practices within An Garda Siochána regarding the penalty points allocation system, whistleblowers and the role of the Confidential Recipient in 2014, the Oireachtas Committee on Justice, Defence and Equality announced that it would undertake a review of the effectiveness of the legislation relating to oversight of An Garda Siochána. The Committee will consider the effectiveness of the provisions of the Garda Síochána Act 2005 and regulations made thereunder, insofar as they relate to the oversight of An Garda Síochána, including, in particular, the powers and remit of the Garda Síochána Ombudsman Commission.8 The review will take place in April 2014 and is inviting submissions from the public.
B. Non-‐discrimination, right to an effective remedy and equal rights for men and women, including political participation (Art 2, para.1, 3, 16 and 26)
Constitutional Provision on Role of Women In its Concluding Observations on Ireland’s Third Periodic Report (2008) the Committee called on Ireland to implement significant reform in relation to Art 41.2 of the Constitution on the “role of women”.9 In 2013, the Convention on the Constitution voted overwhelmingly to amend the clause in Art 41.2 of the Constitution and to replace it with a more holistic, inclusive provision on care.10 The SCC should consider recommending to the Government that it indicate a specific timeframe for a referendum to amend Article 41.2 in light of previous recommendations from the Committee and the Convention on the Constitution. The SCC should also consider recommending reform of Article 41.2 to ensure a more holistic provision including in relation to care work in the home.
Assisted Decision Making (Capacity) Legislation and Ratification of ICRPD Ireland has yet to ratify the International Covenant of the Rights of Persons with a Disability (ICPRD).11 Barriers impeding the ratification of the Convention include issues relating to mental legal capacity. The publication of the Assisted Decision-‐Making (Capacity) Bill 2013 is a welcome development which,
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following enactment should provide an improved legal framework for supporting people to exercise their legal capacity and thus remove the final obstacle to ratification of the ICRPD. The SCC should consider recommending that the Government produce a detailed timetable for ratification of the CRPD and provide details of any remaining administrative and legislative impediments to ratification not covered under the Assisted Decision Making (Capacity) Bill 2013. The Government should also publish the Work Programme of the high-‐level Interdepartmental Committee on the UNCRPD and the independent assessment of the remaining requirements for ratification (undertaken by the National Disability Authority). In addition, the Government should produce details of when it intends to commence in full the legislative components of the National Disability Strategy 2004 and details on progress in reviewing Ireland’s existing mental health legislation.12
C. Domestic, sexual and gender based violence (Arts 3, 7, 23, 24 and 26)
Magdalene Laundries The Committee has asked the State to provide details of when it intends to establish a prompt, thorough and independent investigation into the abuse perpetrated in the Magdalene Laundries. This follows a similar recommendation from the UN Committee against Torture (UNCAT) in its 2011 Concluding Observations on Ireland13 and from the Special Rapporteur for Follow-‐up on Concluding Observations of the UNCAT14 who indicated the McAleese inquiry “lacked many elements of a prompt, independent and thorough investigation”. In its response to the List of Issues, Ireland has stated that the findings of the Report of the Inter-‐Departmental Committee to establish the facts of State involvement in the Magdalene Laundries found no factual evidence to support torture or ill-‐treatment of a criminal nature, no evidence of systematic unlawful detention and no evidence of women kept for long periods against their will. However, information including testimony from survivors and staff regarding instances of similar maltreatment was received by the Inter-‐Departmental Committee prior to publishing its report.15 In addition, the findings of the report have formed the basis of the redress scheme arising from the Magdalene Commission Report by Mr Justice Quirke. The scheme does not include individualized compensation for the impact of human rights violations as recommended by the Irish Human Rights Commission nor does it take account of information relating to the aforementioned testimony of abuse excluded from the McAleese report.16 According to the response to the List of Issues, the State does not propose to establish a specific Magdalene inquiry or investigation.17 The SCC should consider recommending that the Government put in place an individualised assessment scheme for Magdalene survivors and establish a specific Magdalene Inquiry with all necessary powers.
Migrant Victims of Domestic Violence In relation to the protection of migrant women who have become victims of domestic violence, two specific issues require urgent consideration: 1.) The provision of formal recognition of domestic violence in immigration law by making provisions which enable dependent family members to apply to remain in Ireland as victims of domestic violence; and 2.) guaranteeing access to safe emergency housing and
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essential services, including welfare benefits to meet the basic needs of victims who have pending applications for permission to remain in Ireland on an independent basis.
D. Women’s reproductive rights (Arts 6, 7, 17, 26)
Laws Governing Access to Abortion in Ireland The enactment of the Protection of Life during Pregnancy Act 2013 is to be welcomed. However, it is regrettable that guidance to assist health professionals has not yet been produced, leading to a significant delay in implementing the Act. Legislation governing women’s reproductive rights remains significantly short of meeting international human rights standards.18 For example, the Irish legal framework continues to place an absolute prohibition on abortion where the health of the woman is at risk. The procedure under existing legislation to determine whether or not a woman is suicidal (permissible grounds for a termination under the legislation) is lengthy and requires pregnant women to undergo multiple medical and psychiatric assessments.19 No provision has been made to access a termination in cases of rape or incest where a woman’s life is not considered to be at risk.20 In addition, no provision is made to access a lawful termination in cases of fatal foetal abnormality. The SCC should consider recommending significant reform in relation to reproductive rights to remove burdensome barriers to accessing lawful terminations and to provide for terminations in cases of rape, incest or fatal foetal abnormality.
E. The right to freedom from slavery (Art 8): human trafficking Regarding child victims of trafficking, there is a need for standardised, clear statistical data including on HSE referrals for children. Furthermore, the Optional Protocol on Sale of Children, Child Prostitution and Child Pornography which Ireland has signed, must be ratified as soon as possible. Under current Administrative Immigration Arrangements,21 asylum seeking victims of trafficking have less access to safe and appropriate accommodation, education, training, employment and the possibility of acquiring longer-‐term status in the State. The SCC should recommend that Ireland provide details on how it intends to ensure that victims of trafficking who have sought asylum are granted comparable protections in the context of administrative arrangements to those who have not sought asylum.22 The Government should also put in place adequate data collection regimes and proceed immediately to ratify the Optional Protocol on Sale of Children, Child Prostitution and Child Pornography.
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F. Right to liberty and security of the person, prohibition of torture and other cruel, inhuman or degrading treatment or punishment and treatment of persons deprived of their liberty and fair trial
Right of Suspects to Contact Counsel before Interrogation Ireland continues to allow inferences to be drawn from the silence of a suspect or accused person. In 2008, the Committee recommended that Ireland should also “give full effect to the rights of criminal suspects to contact counsel before, and to have counsel present during, interrogation”. 23 The recent decision of the Supreme Court that suspects must be afforded the opportunity to avail of legal advice before questioning is to be welcomed.24 The SCC should consider recommending that Ireland fulfill its human rights obligations concerning the rights of suspects by legislating to permit access to a lawyer before and during police questioning.
Treatment of Persons in Detention Despite recent progress on reforming the penal infrastructure in Ireland, a lack of effective complaints and monitoring mechanisms, issues of overcrowding, the continued lack of in-‐cell sanitation in many prisons leading to practices such as ‘slopping out’ and the use of prisons for immigration detention purposes remain.25 The SCC should consider recommending that the Government provide a firm commitment, including relevant details and a timeframe for delivery, to ensure prisons no longer operate over capacity, to immediately end the practice of “slopping out”, to provide for the establishment of an independent, fully-‐functioning and comprehensive prisoner complaints mechanism and to ensure that prisoners and persons in immigration related detention are kept separate from persons suspected or convicted of criminal offences. There is a growing population of older prisoners, with reported increases in this group from 199 people in 2007 to 335 in 2012.26 As people get older they are more likely to be at risk of co-‐morbidity and multi-‐morbidity with its associated higher risk of disability27 and mental health problems28 which are no different for someone who is living in the community or in prison. However, a person’s ability to have these needs addressed in a timely and accessible way may be hampered in a prison environment.
G. Right to be recognised as a person before the law (Art 16)
Gender Recognition The publication of the General Scheme of the Gender Recognition Bill 2013 is a welcome development including the recent announcement that the age of recognition will be lowered from the original proposal of 18 to 16 years of age.29 However, concern remains that provisions of the proposed legislation do not meet international human rights standards because the right to be legally recognised in one’s preferred gender remains contingent on the dissolution of an existing marriage.
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The SCC should consider recommending that the current draft legislation be amended to guarantee the rights of married Trans persons to legally acquire their preferred gender without recourse to dissolution of marriage.
H. Immigrants, refugees and asylum seekers
Immigration The Government has yet to publish proposed legislation governing immigration, residence and protection matters for migrants, despite the introduction and withdrawal of previous draft legislation (first published in 2007) and recommendations from the Committee to enact legislation.30 In addition, there has been no indication regarding any plans to establish an independent appeals mechanism for immigration related decisions, not falling within the remit of the Refugee Appeals Tribunal, despite previous recommendations from the Committee and a commitment in the current Programme for Government.31
Asylum / Subsidiary Protection Ireland is the only EU Member State that has not adopted a single procedure “to examine all of the protection needs of an asylum seeker at the same time”.32 Delays remains in the processing of claims for asylum and subsidiary protection with many applicants continuing to spend lengthy periods in receipt of direct provision accommodation and barred from seeking employment while they await an outcome of their application.33 No independent system is currently in place to deal with complaints arising in direct provision. The SCC should consider recommending that the Immigration, Residence and Protection Bill be introduced forthwith and should include provisions establishing an independent appeals mechanism for immigration-‐related decisions, a single procedure for asylum claims and an independent complaints system for complainants who are living in direct provision.
I. Rights of persons belonging to minorities
Rights of Travellers In a number of recent reports under the UN treaty monitoring system, including in relation to ICCPR and UPR, Ireland has stated that recognition of Travellers as an ethnic group would be given “serious consideration”.34 Hearings have been held by the Joint Oireachtas Committee on Justice, Equality and Defence to consider submissions by stakeholder groups and it is expected that the Committee will report to the Minister shortly. The SCC should consider recommending that Traveller ethnicity be recognised in law without further delay. In addition, recommendations should be made on a number of pressing issues in relation to Traveller and Roma integration including in relation to inequalities in health and mortality rates,
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inequalities in access to education, equitable access to justice, disproportionately high unemployment and lack of provision for culturally appropriate accommodation.35
Racism and Integration of Migrants Ireland requires an integration strategy that moves beyond ‘Integration a Two-‐Way Process’ (1999),36 NAPAR (2005)37 and ‘Migration Nation’ (2008).38 The SCC should consider recommending concrete actions, such as setting up an anti-‐racism helpline similar to the one provided by the PSNI39 and amendments to the Incitement to Hatred Act 1989, which does not adequately address the matter of ‘racially motivated’ offences.
Discrimation against LGBT Persons Section 37(1) of the Employment Equality Act permits a religious institution to lawfully discriminate against an employee or prospective employee in order to uphold the religious “ethos” of the institution. The Equality Authority is currently undertaking a review of the operation on section 37(1).40 The SCC should recommend that, at a minimum, Section 37(1) should be repealed to prohibit discrimination against persons in relation to one or more of the nine grounds covered under the legislation including sexual orientation, gender, family status and civil status on the grounds of upholding a religious ethos. It should be replaced by new wording that complies with Article 4 of the European Union Framework Directive establishing a general framework for equal treatment in employment and occupation (Council Directive 2000/78/EC of 27 November 2000).
References
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1 This submission has been prepared by the ICCL and submitted on behalf of the following civil society organisations, who are members of the UN Human Rights Council Legacy Steering Group: Gay and Lesbian Equality Network; Irish Traveller Movement, Inclusion Ireland, Transgender Equality Network Ireland, Irish Family Planning Association, Free Legal Advice Centres, Immigrant Council of Ireland and Age Action. All of the views expressed in the report do not necessarily reflect the policies and positions of each endorsing organisation. 2 In 2008, the ICCL in collaboration with the Free Legal Advice Centres (FLAC) and the Irish Penal Reform Trust (IPRT) produced a detailed shadow report and led a highly regarded delegation of Irish civil society organisations to successfully lobby the UN Human Rights Committee in Geneva during Ireland’s Third Periodic Examination under ICCPR. 3 Members of the steering group included representatives from the Gay and Lesbian Equality Network (GLEN), Transgender Equality Network Ireland (TENI), Terminations of Medical Reasons (TFMR) group, Educate Together, the Immigrant Council of Ireland (ICI), the Irish Family Planning Association (IFPA), Inclusion Ireland, Free Legal Advice Centres (FLAC) and the Irish Traveller Movement. The group has since expanded to become the UNHRC Legacy Project Steering Group. 4 Report of the Special Rapporteur on the situation of human rights defenders, Margaret Sekaggya, (26 February 2013), Mission to Ireland (19 – 23 November 2012), A/HRC/22/47/Add.3. 5 UN Human Rights Committee, Concluding Observations of the UN Human Rights Committee, (30 July 2008), UN Doc CCPR/C/IRL/CO/3 6 Independent inquiry into GSOC spying allegations needed now says rights watchdog, available at: http://www.iccl.ie/news/2014/02/16/independent-‐inquiry-‐into-‐gsoc-‐spying-‐allegations-‐needed-‐now-‐says-‐rights-‐watchdog.html 7 Retired High Court Judge John Cooke Appointed to GSOC Inquiry, available at: http://www.merrionstreet.ie/index.php/2014/02/retired-‐high-‐court-‐judge-‐john-‐cooke-‐appointed-‐to-‐gsoc-‐inquiry/ 8 Committee on Justice, Defence and Equality invite submissions on the effectiveness of the legislation relating to oversight of An Garda Síochána, available at: http://www.oireachtas.ie/parliament/oireachtasbusiness/committees_list/jde-‐committee/submissionsreviewofgardasiochanaact2005/ 9 Fourth Periodic Report of Ireland under the International Covenant on Civil and Political Rights (ICCPR), (25 July 2012), UN Doc CCPR/C/IRL/4, para 38 10 Convention on the Constitution, Vote on Amending the Clause on the Role of Women in the Home (art. 41.2), available at: https://www.constitution.ie/AttachmentDownload.ashx?mid=cee1b183-‐0b79-‐e211-‐a5a0-‐005056a32ee4 11 Fourth Periodic Report of Ireland under the International Covenant on Civil and Political Rights (ICCPR), (25 July 2012), op cit, para 38 12 Mental Health Act 2001, available at http://www.irishstatutebook.ie/2001/en/act/pub/0025/print.html 13 Committee against Torture, Concluding Observations of the UN Committee against Torture, op cit para 21 14 Rapporteur for Follow-‐up on Concluding Observations Committee against Torture, (22 May 2013), available at http://www2.ohchr.org/english/bodies/cat/docs/followup/IrelandFurtherInfo22May2013.pdf 15 Response of Ireland to the UN Human Rights Committee List of Issues, 25 February 2014, p.9 16 Irish Human Rights Commission, (18 June 2013), Follow-‐up Report on State Involvement with Magdalene Laundries, available at http://www.ihrc.ie/download/pdf/20130618164449.pdf 17 Response of Ireland to the UN Human Rights Committee List of Issues, op cit, p.9 18 UN Human Rights Committee, Concluding Observations of the UN Human Rights Committee, op cit, para 13; UN Committee for the Elimination of Discrimination against Women, (22 July 2005), Concluding Observations of the Committee on the Elimination of Discrimination against Women, UN Doc CEDAW/C/IRL/CO/4-‐5, para 38 and 39 19 Sections 9-‐14 Protection of Life During pregnancy Act 2013 20 Seanad Éireann Debate (15 July 2013), Protection of Life During Pregnancy Bill 2013: Second Stage, available at
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http://oireachtasdebates.oireachtas.ie/debates%20authoring/debateswebpack.nsf/takes/seanad2013071500022. 21http://www.inis.gov.ie/en/INIS/Administrative%20Immigration%20Arrangements%20for%20the%20Protecton%20of%20Victims%20of%20Human%20Trafficking%20-‐%20March%202011.pdf/Files/Administrative%20Immigration%20Arrangements%20for%20the%20Protection%20of%20Victims%20of%20Human%20Trafficking%20-‐%20March%202011.pdf 22 http://www.immigrantcouncil.ie/images/stories/pdfs/UN_Gift_report__18.11.2011.pdf. 23 UN Human Rights Committee, Concluding Observations of the UN Human Rights Committee, op cit, para 14. 24 Irish Council for Civil Liberties, Supreme Court sends Government clear message on fair trial reforms, Press Release available at: http://www.iccl.ie/news/2014/03/06/supreme-‐court-‐sends-‐government-‐clear-‐message-‐on-‐fair-‐trial-‐reforms.html 25 Human Rights Council, Report of the Working Group on the Universal Periodic Review – Ireland, 2011 A/HRC/19/9 26 See: http://www.iprt.ie/contents/2462. 27 The most frequently reported disability type for older people is mobility and dexterity with 70% of those 65-‐74 years and 83% of those 75+ years reporting this type of disability (Murphy, 2012). 28 European Health and Life Expectancy Information System EHLEIS (2013) EHLEIS country report: life expectancy in Ireland. Issue 6, April 2013 29 Proposal would bring transgender recognition at 16, available at: http://www.teni.ie/news-‐post.aspx?contentid=1025 30 UN Human Rights Committee, Concluding Observations of the UN Human Rights Committee, op cit, para 19. 31 Minister for Justice and Equality, Written Response to Parliamentary Question 919 16 April 2013, Available at:http://www.kildarestreet.com/wrans/?id=2013-‐04-‐16a.2162&s=%22no+plans+to+change+those+legislative+provisions+to+give+either+Office+%22#g2164.r. 32 UNHCR Ireland Statement on need for introduction of single procedure 14 February, 2011. Available at:
http://www.unhcr.ie/news/irish-‐story/unhcr-‐ireland-‐statement-‐on-‐need-‐for-‐introduction-‐of-‐single-‐procedure 33 Irish Times, Treatment of asylum seekers may be ‘our next national scandal’, warns Ombudsman. Available at http://www.irishtimes.com/news/social-‐affairs/treatment-‐of-‐asylum-‐seekers-‐may-‐be-‐our-‐next-‐national-‐scandal-‐warns-‐ombudsman-‐1.1458049 34 Ireland’s Fourth Periodic Report under ICCPR to the UN Human Rights Committee, op cit, para 795 35 European Commission against Racism and Intolerance ECRI Report on Ireland, Fourth Monitoring Cycle, 19 February 2013, CRI(2013)1, Available at: http://www.coe.int/t/dghl/monitoring/ecri/Country-‐by-‐country/Ireland/IRL-‐CbC-‐IV-‐2013-‐001-‐ENG.pdf and Our Geels’-‐ All Ireland Traveller Health Study, 2009, available at http://www.dohc.ie/publications/aiths2010/TR1/AITHS2010_TechnicalReport1_LR_All.pdf?direct=1 36 http://www.integration.ie/website/omi/omiwebv6.nsf/page/AXBN-‐7WMK3Z1533318-‐en/$File/INTEGRATION%20-‐%20A%20Two%20Way%20Process.pdf . 37 http://www.nccri.ie/pdf/ActionPlan.pdf. 38 http://www.nccri.ie/pdf/ActionPlan.pdf. 39 http://www.psni.police.uk/hate_crime_leaflet_-‐_racist1.pdf. 40 Section 37 Employment Equality Act 1998, available at: http://www.irishstatutebook.ie/1998/en/act/pub/0021/print.html as amended by Section 25 of the Equality Act 2004 available at http://www.irishstatutebook.ie/2004/en/act/pub/0024/print.html
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