Access to justice and under-reporting of discrimination in Ireland

Posted on April 02, 2015

[smPullExtract 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]

Posted in: equality • discrimination •