Oireachtas Joint and Select Committees

Wednesday, 14 April 2021

Joint Oireachtas Committee on Children and Youth Affairs

General Scheme of a Certain Institutional Burials (Authorised Interventions) Bill: Discussion

Ms Elizabeth Carthy:

My apologies for my microphone not working earlier. I thank the Senator for her question. She makes a really good point. As previous speakers highlighted, a transitional justice approach provides a response to widespread human rights violations. It is particularly appropriate in the context of the human rights violations that occurred in mother and baby homes. One of the key components of a transitional justice approach is that it puts survivors at the centre, which is important in this context. It is based on the pillars of truth, justice, reparation and guarantees of non-recurrence. It provides a framework through which the State can fulfil its human rights obligations. As the committee heard from previous speakers, these obligations relate to conducting an effective investigation and providing the right to a remedy. Coming back to another point raised by previous speakers, the need to put survivors and families at the centre of this is key. That should include a statutory basis for them to be consulted, their wishes taken into account and families kept updated. That should be included at every stage of the process. It is key to a transitional justice approach and the Bill can and should be updated to reflect that.

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