This section contains blog pieces from invited guest writers presenting various civil society concerns around issues contained in the Covenant. To enquire about submitting a piece, please contact us. Any opinions expressed within the blog are those of the author and not necessarily held by FLAC.
Respecting the Rights of Asylum seekers
Posted on June 02, 2015
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inputText=%3Cp%3EThe%20treatment%20of%20asylum%20seekers%20in%20Ireland%20has%20been%20the%20subject%20of%20considerable%20critique%20and%20controversy%20for%20over%20a%20decade.%20For%20asylum%20seekers%20in%20Ireland%2C%20the%20rights%20afforded%20under%20the%20%3Ca%20href%3D%22http%3A//www.ohchr.org/EN/ProfessionalInterest/Pages/CESCR.aspx%22%3EInternational%20Covenant%20on%20Economic%2C%20Social%20and%20Cultural%20Rights%3C/a%3E%2C%20could%20rightly%20appear%20as%20utopian%20constructs.%20Rights%20such%20as%20the%20right%20to%20work%20and%20the%20right%20to%20an%20adequate%20standard%20of%20living%20are%20of%20particular%20concern%20when%20analysed%20through%20the%20lens%20of%20protection%20law%20and%20policy%20in%20Ireland.%20Delays%20in%20the%20protection%20system%20have%20resulted%20in%20asylum%20seekers%20residing%20in%20institutionalised%20facilities%20within%20the%20direct%20provision%20system%20which%20is%20administered%20by%20the%20%3Ca%20href%3D%22http%3A//www.ria.gov.ie/%22%3EReception%20and%20Integration%20Agency%20%28RIA%29%3C/a%3E%2C%20for%20an%20average%20of%20four%20years%2C%20some%20for%20considerably%20longer%2C%20surviving%20on%20a%20weekly%20allowance%20of%20%E2%82%AC19.10.%20Despite%20vigorous%20campaigning%20by%20asylum%20seekers%2C%20NGOs%20and%20civil%20society%20organisations%20that%20have%20repeatedly%20highlighted%20the%20systemic%20failures%20within%20the%20protection%20system%20in%20Ireland%2C%20the%20State%20has%20yet%20to%20respond%20with%20meaningful%20reforms%20that%20show%20respect%20for%20the%20economic%2C%20social%20and%20cultural%20rights%20of%20asylum%20seekers.%C2%A0%3C/p%3E%3Cp%3EThe%20recent%20publication%20of%20the%20%3Ca%20href%3D%22http%3A//justice.ie/en/JELR/Pages/PB15000080%22%3EGeneral%20Scheme%20of%20the%20International%20Protection%20Bill%202015%3C/a%3E%20is%20silent%20on%20the%20right%20to%20work%20for%20asylum%20seekers%20nor%20does%20it%20make%20any%20reference%20to%20direct%20provision.%20Ireland%20is%20completely%20out%20of%20step%20with%20the%20majority%20of%20EU%20countries%20when%20it%20comes%20to%20having%20a%20single%20procedure%20for%20protection%20applications%2C%20harmonised%20reception%20conditions%20and%20the%20right%20to%20work%20for%20asylum%20seekers.%20Nasc%20has%20taken%20the%20view%20that%20one%20of%20primary%20and%20principle%20reasons%20for%20the%20systemic%20failure%20of%20our%20system%20is%20that%20we%20have%20not%20fully%20opted%20in%20to%20the%20%3Ca%20href%3D%22http%3A//ec.europa.eu/dgs/home-affairs/what-we-do/policies/asylum/index_en.htm%22%3ECommon%20European%20Asylum%20System%3C/a%3E.%20Opting%20into%20the%20%3Ca%20href%3D%22http%3A//ec.europa.eu/dgs/home-affairs/what-we-do/policies/asylum/index_en.htm%22%3EReception%20Conditions%20Directive%3C/a%3E%2C%20in%20particular%2C%20would%20go%20some%20way%20to%20ensuring%20that%20our%20reception%20system%20is%20fair%2C%20humane%20and%20transparent%20whilst%20also%20affording%20protection%20applicants%20the%20right%20to%20work%20and%20minimal%20degrees%20of%20respect%20for%20economic%2C%20social%20and%20cultural%20rights.%3C/p%3E%3Cp%3ESix%20months%20on%20from%20the%20High%20Court%20Judgement%20in%20%3Ca%20href%3D%22http%3A//humanrights.ie/immigration/direct-provision-in-the-irish-high-court-the-decision/%22%3E%3Ci%3EC.A.%20and%20T.A.%20v%20the%20Minister%20for%20Justice%20and%20Equality%3C/i%3E%3C/a%3E%20%28Record%20No.%20%C2%A02013/751/JR%29%2C%20RIA%20has%20yet%20to%20publish%20a%20revised%20set%20of%20%27House%20Rules%27in%20response%20to%20the%20Courts%20finding%20that%20current%20%27%3Ca%20href%3D%22http%3A//www.ria.gov.ie/en/RIA/House%2520Rules%2520Nov%25202009%2520%28A4%29%2520%28Amended%2520Jan%25202011%29.pdf/Files/House%2520Rules%2520Nov%25202009%2520%28A4%29%2520%28Amended%2520Jan%25202011%29.pdf%22%3EHouse%20Rules%3C/a%3E%27%20were%20a%20disproportionate%20interference%20with%20the%20right%20to%20a%20private%20and%20family%20life.%20RIA%20has%20also%20yet%20to%20implement%20a%20new%20complaints%20mechanism%20in%20response%20to%20the%20Courts%20finding%20that%20the%20lack%20of%20an%20independent%20complaints%20mechanism%20was%20unlawful.%20The%20inertia%20on%20the%20part%20of%20the%20State%20in%20its%20response%20to%20the%20findings%20of%20the%20Court%20in%20the%20%3Ci%3EC.A.%20and%20T.A%3C/i%3E.%20is%20worrying%20and%20it%20is%20hoped%20that%20this%20inertia%20will%20not%20be%20replicated%20in%20this%20governments%20stated%20commitment%20to%20reform%20direct%20provision.%20From%20our%20experience%20of%20working%20with%20asylum%20seekers%2C%20we%20understand%20that%20there%20is%20a%20deeply%20held%20reluctance%20to%20make%20official%20complaints%20about%20living%20conditions%20for%20fear%20of%20retaliation%2C%20transfer%20or%20that%20it%20may%20impact%20upon%20their%20protection%20application.%3C/p%3E%3Cp%3ENasc%20has%20long%20%3Ca%20href%3D%22http%3A//www.nascireland.org/campaigns-for-change/direct-provision/%22%3Ecampaigned%20for%20the%20introduction%20of%20an%20independent%20complains%20mechanism%3C/a%3E%20for%20residents%20of%20direct%20provision%20and%20we%20have%20continually%20called%20for%20the%20remit%20of%20the%20Offices%20of%20the%20Ombudsman%20and%20the%20Children%27s%20Ombudsman%20to%20be%20extended%20to%20cover%20direct%20provision.%20To%20date%20and%20despite%20the%20findings%20of%20the%20High%20Court%2C%20there%20appears%20to%20be%20a%20complete%20absence%20of%20political%20will%20to%20address%20this%20issue%20and%20allow%20asylum%20seekers%20to%20present%20their%20cases%20relating%20to%20complaints%20arising%20from%20RIA%20accommodation%20to%20the%20Ombudsman.%20Whilst%20the%20Offices%20of%20the%20Ombudsman%20and%20the%20Children%27s%20Ombudsman%20currently%20hold%20the%20view%20that%20their%20%3Ca%20href%3D%22http%3A//www.oco.ie/2015/05/ombudsman-for-childrens-office-welcomes-psop-committee-call-to-extend-remit-in-relation-to-direct-provision/%22%3Eremit%20does%20extend%3C/a%3E%20to%20all%20administrative%20issues%20relating%20to%20asylum%20including%20accommodation%20and%20internal%20compliant%20handling%2C%20the%20Department%20of%20Justice%20does%20not%20appear%20to%20share%20this%20view.%20It%20is%20disappointing%20that%20the%20General%20Scheme%20of%20the%20International%20Protection%20Bill%202015%20makes%20no%20reference%20to%20an%20independent%20complaints%20mechanism%20as%20this%20legislation%20presents%20an%20opportunity%20for%20clarification%20or%20necessary%20amendments%20required%20for%20Ombudsman%20oversight.%20This%20could%20be%20viewed%20as%20symptomatic%20of%20the%20disregard%20with%20which%20successive%20governments%20have%20viewed%20the%20rights%20and%20living%20conditions%20of%20our%20asylum%20seekers.%3C/p%3E%3Cp%3EThe%20establishment%20of%20the%20%3Ca%20href%3D%22http%3A//www.justice.ie/en/JELR/Pages/WP14000336%22%3EWorking%20Group%3C/a%3E%20on%20direct%20provision%20and%20the%20protection%20process%20is%20a%20very%20welcome%20first%20step%20towards%20reforming%20the%20current%20system.%20Nasc%20as%20a%20member%20of%20the%20Working%20Group%20is%20confident%20that%20this%20process%20will%20bring%20about%20much%20needed%20improvements.%20However%20the%20change%20that%20needs%20to%20happen%20to%20ensure%20respect%20for%20the%20economic%2C%20social%20and%20cultural%20rights%20of%20asylum%20seekers%20goes%20well%20beyond%20the%20remit%20of%20the%20Working%20Group%20and%20will%20ultimately%20lie%20in%20the%20abolition%20of%20the%20direct%20provision%20system%20and%20comprehensive%20legislative%20reform.%C2%A0%3C/p%3E%3Cp%3E%C2%A0%3C/p%3E%3Cul%3E%3Cli%3E%3Cb%20style%3D%22line-height%3A%201.5em%3B%22%3EClaire%20Cumiskey%20is%20Senior%20Legal%20Officer%20with%20%3Ca%20title%3D%22link%20to%20nasc%20site%22%20href%3D%22http%3A//www.nascireland.org/%22%3ENasc%2C%20the%20%C2%A0Irish%20Immigrant%20Support%20Centre.%3C/a%3E%3C/b%3E%3C/li%3E%3C/ul%3E]Is Ireland ensuring the right to education for all?
Posted on May 22, 2015
[smPullExtract inputText=%3Cp%3E%3Ci%3EKevin%20McCague%20is%20Legal%20and%20Social%20Welfare%20Intern%20with%20FLAC%3C/i%3E%3C/p%3E%3Cp%3E%3Ca%20style%3D%22line-height%3A%201.5em%3B%22%20href%3D%22http%3A//www.ohchr.org/EN/ProfessionalInterest/Pages/CESCR.aspx%22%3EArticle%2013%20of%20the%20International%20Covenant%20on%20Economic%2C%20Social%20and%20Cultural%20R%3C/a%3Eights%20guarantees%20a%20right%20of%20everyone%20to%20education%2C%20emphasising%20that%20education%20should%20be%20made%20available%20and%20accessible%2C%20and%20that%20there%20should%20be%20a%20progressive%20introduction%20of%20free%20access%20to%20secondary%20and%20higher%20education.%3C/p%3E%3Cp%3EHowever%2C%20in%20many%20ways%20Ireland%20has%20moved%20away%20from%20this%20commitment%20to%20cost%20free%20access%20over%20the%20last%20number%20of%20years.%20New%20costs%20and%20charges%20have%20been%20introduced%20at%20all%20stages%20of%20the%20education%20system%3B%20at%20the%20same%20time%2C%20supports%20for%20children%20and%20young%20adults%20from%20low%20income%20families%20have%20been%20cut.%3C/p%3E%3Cp%3EAt%20primary%20and%20secondary%20levels%2C%20the%20most%20vulnerable%20students%20have%20been%20particularly%20affected%20by%20education%20cuts.%20Funds%20for%20traveller%20education%20projects%20have%20been%20reduced%20drastically.%20Support%20for%20students%20with%20disabilities%20and%20those%20who%20do%20not%20speak%20English%20as%20a%20first%20language%20have%20also%20been%20restricted.%20It%20is%20hard%20to%20see%20how%20educational%20outcomes%20for%20these%20students%20will%20not%20be%20negatively%20impacted%20by%20these%20policy%20decisions.%20Already%2C%20there%20is%20%3Ca%20href%3D%22http%3A//www.europarl.europa.eu/thinktank/en/document.html%3Freference%3DIPOL_STU%25282015%2529510016%22%3Eevidence%3C/a%3E%20to%20suggest%20that%20some%20students%20are%20losing%20out%3A%20Children%20with%20disabilities%20are%20being%20turned%20away%20from%20mainstream%20schools%20because%20these%20schools%20lack%20the%20supports%20to%20cater%20for%20them%3B%20Traveller%20children%20are%20disproportionally%20affected%20by%20the%20withdrawal%20of%20extra%20school%20transport%20assistance%2C%20as%20they%20often%20have%20to%20travel%20long%20distances%20to%20school%20due%20to%20discrimination.%3C/p%3E%3Cp%3E%3Ca%20href%3D%22http%3A//www.europarl.europa.eu/thinktank/en/document.html%3Freference%3DIPOL_STU%25282015%2529510016%22%3EThere%20is%20evidence%3C/a%3E%20that%20failing%20to%20finish%20school%20may%20lead%20to%20lifelong%20disadvantage.%20The%20%3Ca%20href%3D%22https%3A//www.education.ie/en/Schools-Colleges/Services/DEIS-Delivering-Equality-of-Opportunity-in-Schools-/%22%3EDEIS%20school%20programme%3C/a%3E%20was%20designed%20to%20combat%20educational%20disadvantage%20by%20providing%20supports%20to%20students%20in%20disadvantaged%20areas.%20The%20need%20for%20such%20a%20programme%20encompassing%20some%20852%20public%20schools%20at%20primary%20and%20secondary%20levels%20is%20indicative%20of%20the%20fact%20that%20%3Ca%20href%3D%22http%3A//www.cori.ie/wp-content/uploads/2007/08/education.pdf%22%3EIreland%20has%20a%20two-tier%20educational%20system%20where%20inequality%20of%20educational%20outcome%20is%20the%20norm%3C/a%3E.%20However%2C%20the%20success%20of%20this%20scheme%20in%20delivering%20equality%20of%20opportunity%20in%20education%20is%20being%20undermined%20by%20%3Ca%20href%3D%22http%3A//www.irishexaminer.com/ireland/project-cuts-increase-risk-of-students-dropping-out-of-school-269192.html%22%3Ecuts%20to%20programmes%20such%20as%20the%20Student%20Completion%20Programme%3C/a%3E%20and%20%3Ca%20href%3D%22http%3A//www.irishtimes.com/news/education/poorer-students-being-locked-out-of-third-level-charity-says-1.1990921%22%3Ethird-level%20student%20grant%20supports%3C/a%3E.%20Ensuring%20that%20children%20receive%20a%20good%20quality%20education%20that%20leads%20successfully%20to%20higher%20education%20and%20training%20for%20all%20students%20should%20always%20be%20at%20the%20centre%20of%20policy%20decisions%20if%20the%20Government%20is%20intent%20on%20realising%20its%20human%20rights%20obligations.%3C/p%3E%3Cp%3EFor%20third-level%20students%2C%20the%20rise%20in%20registration%20fees%20has%20been%20substantial%20and%20has%20meant%20a%20greater%20transfer%20of%20education%20costs%20to%20individuals.%20At%20the%20same%20time%2C%20%3Ca%20href%3D%22http%3A//www.irishstatutebook.ie/2013/en/si/0159.html%22%3Eeligibility%20for%20the%20student%20grant%20scheme%20has%20been%20restricted%3C/a%3E%20.%20These%20changes%20have%20major%20implications%20for%20the%20ability%20of%20students%20from%20poorer%20backgrounds%20to%20access%20third%20level.%20Delays%20in%20approving%20students%20for%20the%20grant%20scheme%20also%20appear%20to%20be%20%3Ca%20href%3D%22http%3A//www.irishtimes.com/news/education/poorer-students-being-locked-out-of-third-level-charity-says-1.1990921%22%3Eforcing%20them%20to%20drop%20out%20of%20third-level%20courses%3C/a%3E.%3C/p%3E%3Cp%3EFurthermore%2C%20the%20%3Ca%20href%3D%22http%3A//www.rte.ie/news/2014/0820/638197-education/%22%3Edisparity%20in%20rates%20of%20progression%20to%20third%20level%20for%20students%3C/a%3E%20from%20different%20socio-economic%20backgrounds%20indicates%20that%20equality%20of%20access%20has%20not%20been%20achieved.%20The%20current%20dispensation%20most%20favours%20students%20from%20better-off%20backgrounds%20whose%20parents%20can%20invest%20in%20school%20fees%20or%20extra%20tuition%20to%20achieve%20optimum%20exam%20results.%20Current%20education%20policy%20is%20not%20in%20keeping%20with%20Ireland%E2%80%99s%20human%20rights%20obligations%20to%20make%20education%20generally%20available%20and%20accessible%20to%20all%20by%20every%20appropriate%20means.%20The%20net%20result%20of%20discouraging%20people%20from%20disadvantaged%20backgrounds%20to%20attend%20third%20level%20is%20a%20human%20rights%20failure%20and%20means%20that%20one%20of%20the%20core%20purposes%20of%20our%20education%20system%20is%20not%20being%20realised.%20This%20group%20is%20being%20locked%20out%20of%20higher%20education%2C%20calling%20a%20halt%20to%20one%20of%20the%20most%20effective%20means%20of%20social%20progression.%3C/p%3E%3Cp%3ETo%20fully%20vindicate%20human%20rights%20in%20the%20context%20of%20the%20right%20to%20education%20under%20Article%2013%2C%20Ireland%20needs%20to%20remove%20financial%20barriers%20to%20education%20that%20are%20disproportionately%20affecting%20students%20from%20disadvantaged%20backgrounds.%20The%20State%20must%20provide%20adequate%20supports%20to%20families%20to%20cover%20the%20cost%20of%20a%20new%20school%20year%2C%20or%20to%20young%20people%20who%20for%20financial%20reasons%20cannot%20progress%20to%20third%20level%20and%20realise%20their%20potential.%3C/p%3E%3Cp%3E%C2%A0%3C/p%3E]Collective Complaint on housing conditions in Ireland speaks volumes about the State’s legal human rights obligations
Posted on April 16, 2015
[smPullExtract 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0should%20be%20provided%20%E2%80%9Cirrespective%20of%20income%E2%80%9D%20but%20unfortunately%20the%20State%E2%80%99s%20inaction%20in%20the%20boom%20and%20in%20the%20recession%20on%20addressing%20the%20need%20for%20adequate%20housing%20is%20entrenching%20inequality%20in%20society%20and%20a%20sense%20of%20insecurity%20amongst%20the%20most%20vulnerable%20in%20our%20society.%3C/p%3E%3Cp%3EFLAC%20has%20submitted%20a%20civil%20society%20report%2C%20%3Ca%20href%3D%22http%3A//ourvoiceourrights.ie/download/pdf/our_voice_our_rights.pdf%3Fissuusl%3Dignore%22%3E%3Ci%3EOur%20Voice%2C%20Our%20Rights%3C/i%3E%3C/a%3E%2C%20to%20the%20UN%20Committee%20on%20Economic%2C%20Social%20and%20Cultural%20Rights%20last%20year%20and%20is%20in%20the%20process%20of%20submitting%20further%20information%20to%20the%20Committee%20in%20advance%20of%20the%20State%E2%80%99s%20examination%20on%208%20%26amp%3B%209%20June.%20The%20State%20will%20be%20held%20accountable%20at%20this%20international%20forum%20for%20its%20decisions%20in%20the%20past%20and%20commitments%20to%20ensuring%20greater%20protection%2C%20promotion%20and%20fulfilment%20of%20economic%2C%20social%20and%20cultural%20rights%20for%20all%20in%20the%20future.%3C/p%3E]Access to justice and under-reporting of discrimination in Ireland
Posted on April 02, 2015
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inputText=%3Cp%3E%3Cem%3EBy%20Rachel%20Mullen%20is%20the%20Coordinator%20of%20the%20Equality%20and%20Rights%20Alliance%20%3Ca%20href%3D%22http%3A//www.eracampaign.org/%22%3Ewww.eracampaign.org%3C/a%3E%3C/em%3E%3C/p%3E%3Cp%3EAny%20discussion%20of%20the%20protection%20and%20fulfilment%20of%20economic%2C%20social%20and%20cultural%20rights%20must%20consider%20the%20backdrop%20of%20significant%20levels%20of%20discrimination%2C%20together%20with%20significant%20levels%20of%20under-reporting%20of%20discrimination%20in%20an%20Irish%20context.%3C/p%3E%3Cp%3EAccess%20to%20key%20public%20services%20and%20employment%20are%20central%20to%20the%20fulfilment%20of%20social%20and%20economic%20rights.%20Our%20equality%20legislation%20prohibits%20discrimination%20in%20access%20to%20employment%2C%20goods%20and%20services%20for%20those%20groups%20protected%20under%20equality%20law.%20There%20is%2C%20however%2C%20a%20significant%20gap%20between%20the%20lived%20experience%20of%20people%20who%20are%20regularly%20discriminated%20against%20in%20accessing%20services%20and%20employment%2C%20and%20the%20ability%20to%20vindicate%20their%20rights%20in%20this%20regard.%3C/p%3E%3Cp%3EThe%20incidence%20of%20discrimination%20was%20examined%20by%20the%20Central%20Statistics%20Office%20%28CSO%29%20in%202004%20and%20again%20in%202010.%20On%20both%20occasions%20the%20CSO%20found%20that%2012%25%20of%20the%20Irish%20population%20over%20the%20age%20of%20eighteen%20had%20experienced%20discrimination%20in%20accessing%20employment%2C%20goods%20and%20services.%20This%20equates%20to%20over%20three%20hundred%20and%20fifty%20thousand%20people.%20The%20CSO%20data%20do%20not%20provide%20information%20on%20the%20experiences%20of%20Travellers%20and%20LGBT%20people%2C%20however%2C%20other%20national%20data%20samples%20provide%20information%20on%20the%20experiences%20of%20these%20groups.%20%3Ca%20href%3D%22https%3A//www.ucd.ie/t4cms/AITHS_SUMMARY.pdf%22%3EThe%20Traveller%20All%20Ireland%20Health%20Survey%3C/a%3E%2C%20published%20in%202010%2C%20of%20over%20five%20thousand%20Travellers%20in%20the%20Republic%20found%20that%2042%25%20reported%20that%20they%20%E2%80%98often%E2%80%99%20or%20%E2%80%98very%20often%E2%80%99%20felt%20discriminated%20against.%20The%20EU%20%3Ca%20href%3D%22http%3A//fra.europa.eu/sites/default/files/eu-lgbt-survey-results-at-a-glance_en.pdf%22%3EFundamental%20Rights%20Agency%20%28FRA%29%202013%20study%20on%20LGBT%3C/a%3E%20people%E2%80%99s%20experience%20of%20discrimination%20in%20the%20previous%20twelve%20monthsfound%20that%3A%2047%25%20of%20Irish%20LGBT%20people%20had%20experienced%20harassment%20or%20discrimination%20%2818%25%20in%20seeking%20employment%20and%2035%25%20in%20accessing%20goods%20or%20services%29.%3C/p%3E%3Cp%3EEqually%20as%20concerning%20as%20the%20high%20levels%20of%20discrimination%2C%20however%2C%20is%20the%20high%20levels%20of%20under-reporting%20of%20discrimination.%20The%20CSO%20data%20indicates%20that%2090%25%20of%20people%20who%20experienced%20discrimination%20took%20no%20formal%20action.%20The%20EU%20FRA%20LGBT%20survey%20found%20that%2090%25%20of%20the%20people%20who%20experienced%20discrimination%20in%20Ireland%20in%20the%20previous%20year%20took%20no%20formal%20action.%20Similarly%2C%20an%20%3Ca%20href%3D%22http%3A//fra.europa.eu/sites/default/files/fra_uploads/664-eumidis_mainreport_conference-edition_en_.pdf%22%3EEU%20FRA%202009%20survey%3C/a%3E%20on%20the%20experiences%20of%20people%20with%20an%20ethnic%20and%20minority%20background%20found%20that%2084%25%20of%20Sub-Saharan%20Africans%20and%2079%25%20of%20Central%20and%20East%20Europeans%20living%20in%20Ireland%20took%20no%20formal%20action%20in%20regard%20to%20their%20experiences%20of%20discrimination%20in%20Ireland.%3C/p%3E%3Cp%3EA%20range%20of%20barriers%20prevent%20people%20from%20reporting%20and%20seeking%20access%20to%20justice.%20The%20key%20barriers%20can%20broadly%20be%20grouped%20as%20support-related%20and%20those%20that%20are%20more%20systemic%20in%20nature.%3C/p%3E%3Cp%3E%3Cstrong%3ESupport%20barriers%3C/strong%3E%3C/p%3E%3Cp%3E%3Ca%20href%3D%22http%3A//www.immigrantcouncil.ie/key-issues/anti-racism%22%3EResearch%20on%20discrimination%3C/a%3E%20highlights%20a%20number%20of%20related%20and%20overlapping%20barriers%20to%20reporting%20that%20collectively%20point%20to%20a%20sense%20of%20disempowerment%20experienced%20by%20the%20victim.%20This%20sense%20of%20disempowerment%20can%20be%20most%20acute%20among%20groups%20that%20experience%20higher%20levels%20of%20discrimination.%20The%20key%20issues%20cited%20in%20this%20regard%20are%3A%20the%20perception%20that%20reporting%20the%20incident%20will%20do%20nothing%20to%20change%20the%20situation%3B%20fear%20of%20negative%20consequences%20of%20reporting%20and%20a%20lack%20of%20trust%20in%20statutory%20bodies.%20Another%20key%20barrier%20is%20the%20lack%20of%20awareness%20and%20knowledge%20about%20rights%20and%20systems%20of%20redress.%20One%20%3Ca%20href%3D%22http%3A//fra.europa.eu/sites/default/files/fra_uploads/854-EU-MIDIS_RIGHTS_AWARENESS_EN.PDF%22%3Estudy%20by%20the%20EU%20FRA%3C/a%3E%20found%20that%2051%25%20of%20Sub-Saharan%20Africans%20and%2029%25%20of%20Central%20and%20East%20Europeans%20living%20in%20Ireland%20were%20unaware%20of%20any%20law%20protecting%20them%20from%20discrimination%20in%20the%20three%20areas%20of%20employment%2C%20goods%20and%20services%2C%20or%20housing.%20The%20research%20also%20found%20that%2061%25%20of%20Sub-Saharan%20Africans%20and%2090%25%20of%20Central%20and%20East%20Europeans%20had%20never%20heard%20of%20the%20Equality%20Authority%2C%20and%2063%25%20of%20Sub-Saharan%20Africans%20and%2088%25%20of%20Central%20and%20East%20Europeans%20had%20never%20heard%20of%20the%20Equality%20Tribunal.%3C/p%3E%3Cp%3EResource%20barriers%20are%20also%20an%20impediment%20to%20seeking%20justice.%20While%2C%20in%20theory%2C%20legal%20representation%20is%20not%20required%20to%20take%20a%20case%20to%20the%20Equality%20Tribunal%2C%20in%20reality%2C%20respondents%20to%20a%20claim%20of%20discrimination%20are%20likely%20to%20have%20legal%20representation%20to%20defend%20their%20case%20which%20can%20put%20claimants%20at%20a%20disadvantage%20if%20they%20do%20not%20equally%20have%20the%20means%20to%20be%20legally%20represented.%3C/p%3E%3Cp%3E%3Cstrong%3EStructural%20barriers%3C/strong%3E%3C/p%3E%3Cp%3EEquality%20legislation%20offers%20partial%20protection%20and%20to%20a%20limited%20number%20of%20groups.%20The%20absence%20of%20a%20socio-economic%20ground%20leaves%20a%20significant%20gap%20in%20protection%20from%20discrimination%20and%20the%20lack%20of%20justiciable%20economic%2C%20social%20and%20cultural%20rights%20leaves%20a%20significant%20gap%20in%20human%20rights%20protection.%3C/p%3E%3Cp%3EThe%20lack%20of%20speedy%2C%20effective%20and%20dissuasive%20remedies%20through%20the%20Equality%20Tribunal%20is%20also%20a%20systemic%20block.%20The%20Equality%20Tribunal%20has%20consistently%20suffered%20from%20a%20significant%20backlog%20of%20cases%2C%20with%20cases%20taking%20up%20to%20three%20years%20from%20the%20time%20the%20complaint%20is%20lodged%20to%20the%20hearing%20date.%20In%20addition%2C%20the%20ceilings%20on%20awards%20that%20can%20be%20made%20under%20equality%20legislation%20are%20not%20considered%20to%20be%20sufficiently%20dissuasive%20or%20effective.%3C/p%3E%3Cp%3EInstitutional%20capacity%20to%20address%20the%20scale%20of%20the%20problem%20has%20also%20been%20a%20consistent%20issue.The%20key%20institutions%20charged%20with%20addressing%20discrimination%20and%20human%20rights%20abuses%20-%20the%20IHRC%20and%20the%20Equality%20Authority%20%28now%20the%20Irish%20Human%20Rights%20and%20Equality%20Commission%29%20and%20the%20Equality%20Tribunal%20-%20have%2C%20since%20their%20establishment%2C%20suffered%20from%20under-resourcing.%20Resources%20to%20run%20public%20awareness%20campaigns%20to%20inform%20peoples%20of%20their%20rights%20under%20law%20have%20not%20been%20available%20to%20the%20bodies%2C%20nor%20have%20there%20been%20adequate%20levels%20of%20staffing%20or%20financial%20resources%20to%20assist%20and%20hear%20cases%20and%20conduct%20enquiries.%3C/p%3E%3Cp%3EUnder-reporting%20of%20discrimination%20poses%20a%20significant%20threat%20to%20any%20aspiration%20for%20the%20fulfilment%20of%20economic%2C%20social%20and%20cultural%20rights.%20It%20is%20a%20key%20challenge%20to%20statutory%20agencies%20and%20to%20NGOs%20working%20to%20address%20inequality%2C%20discrimination%20and%20poverty.%20Under-reporting%20will%20only%20be%20addressed%20where%20there%20is%20an%20adequately%20resourced%20equality%20and%20human%20rights%20statutory%20and%20voluntary%20infrastructure.%20This%20infrastructure%20must%20be%20supported%20to%20enable%20a%20critical%20mass%20of%20cases%20to%20be%20taken%20and%20to%20contribute%20to%20the%20cultural%20change%20required%20to%20enable%20people%20to%20report%20discrimination%20and%20human%20rights%20abuses.%3C/p%3E%3Cp%3EA%20more%20detailed%20paper%20by%20the%20Equality%20and%20Rights%20Alliance%20on%20under-reporting%20can%20be%20accessed%20%3Ca%20href%3D%22http%3A//www.eracampaign.org/uploads/Access%2520to%2520Justice%2520and%2520under-reporting%2520ERA%2520Aug%25202013.pdf%22%3Ehere%3C/a%3E.%3Ca%20href%3D%22http%3A//www.eracampaign.org/uploads/Access%2520to%2520Justice%2520and%2520under-reporting%2520ERA%2520Aug%25202013.pdf%22%3E%3Cbr%20/%3E%3C/a%3E%3C/p%3E%3Cp%3E%C2%A0%3C/p%3E]Cultural cowardice
Posted on March 27, 2015
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abdication of duty: How state policy sacrifices public health for corporate wealth.
Posted on March 19, 2015
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New Policy Framework for Local and Community Development
Posted on March 13, 2015
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older people to attain their basic rights
Posted on March 03, 2015
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Matter of Survival: Ireland’s Health System in the Age of Austerity
Posted on February 24, 2015
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bhfuil cead agam dul go dtí na tithí cúirte le do thoil?
Posted on February 12, 2015
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