īī ā īīīīīīī October ā November 2013
T
HE promotion of economic, social
and cultural rights must be a priority
for the new Irish Human Rights and
Equality Commission. Austerity pol-
icies have undermined these rights and led
to rising levels of discrimination and human
rights violations. That was the key message
from NGO and trade-union representatives
at an Equality and Rights Alliance seminar
on the work of the new Commission.
The Commission has been estab-
lished in designate form. However, a Chief
Commissioner has yet to be appointed and
the legislation to establish the body has still
to be published. The legislation is now due
for publication in October.
The work of the Commission, it was sug-
gested at the seminar, must reļ¬ect a reality
where many people are experiencing dep-
rivation and discrimination as a result of
austerity. Economic equality and the democ-
ratisation of economic power are now key
issues. Participants voiced particular con-
cerns about cuts to public spending and their
impact on particular groups in society.
The Ombudsman, Emily OāReilly, who
opened the event, echoed these concerns.
She stated that the Government was mak-
ing clear political choices about where to
cut public spending and that it should stop
hiding behind the Troika to justify such deci-
sions. The choices being made need to be
transparent. Rationing of scarce resources
should not be by stealth. Discrimination
should not be used as a means of rationing.
First, the Commission was challenged to
address the causes of inequality and human
rights violations and to look beyond spe-
ciļ¬c incidents of rights violations. It needs
to examine the model of development we
are currently pursuing through the prism
of human rights and equality, and to demand
norms for an alternative model, based on
human dignity, environmental sustainabil-
ity and equality.
The Government has promised that the
legislation establishing the Irish Human
Rights and Equality Commission will include
a duty on the public sector to have due
regard to equality and human rights. This
was seen as having valuable potential. The
Commission needs to promote and support
this duty such that it brings equality and
human rights concerns into the heart of pub-
lic sector decision-making and facilitates a
new public-service culture and capacity.
Second, tackling the serious levels of
under-reporting of discrimination and
human rights violations was viewed as
another key priority for the Commission.
Less than ten percent of people who expe-
rience employment-related discrimination
and discrimination in accessing goods and
services take any form of formal action.
Those who experience discrimination can
be disempowered and feel there is no point
making a complaint. They can also be disad-
vantaged by not having adequate knowledge
of their rights and how to exercise them.
There was a willingness to work in col-
laboration with the Commission to develop
strategies to address under-reporting. There
was a call for the Commission to develop
targeted strategies to address high levels of
under-reporting within particular groups
and to maximise its inquiry function to
uncover discrimination in institutional set-
tings, without the necessity for individual
claimants.
Third was the need for the Commission
to champion a strong equality and human
rights infrastructure. This would involve
stimulating a societal culture that values and
aļ¬rms equality and human rights; acting
in solidarity with civil society and seeking
strong and well resourced organisations to
represent those experiencing inequality and
human rights violations; and encouraging a
political commitment to legislation, policies
and programmes that advance equality and
fulļ¬ll human rights.
There was aļ¬rmation of the Commission
as a valuable and necessary institution of
social change. However, there was a shared
concern that it needs to be given adequate
staļ¬ng and ļ¬nancial resources to reverse
the savage cuts to the predecessor bodies if
it is to realise this potential. The forthcom-
ing budget will be important in this regard.
The Commission also needs to be allowed
to operate independently with concerns
raised about its continued accountability
to the Department of Justice, Equality and
Defence rather than to the Oireachtas.
Rachel Mullen is Coordinator of the Equality
and Rights Alliance
Economic equality and
the democratisation of
economic power, Stupid
Human Rights and Equality Commission needs to examine the model of
development we are currently pursuing through the prism of human rights and
equality. By Rachel Mullen
SOCIAL
Bearable
Equitable
Viable
Sustainable
ECONOMIC
ENVIRONMENT
POLITICS EQUALITY