Oireachtas Joint and Select Committees

Thursday, 10 November 2022

Joint Oireachtas Committee on Disability Matters

UNCRPD and the Optional Protocol: Discussion

Mr. Jarrod Clyne:

I will respond without knowing much about the Irish context and processes. The optional protocol is entirely separate from any reform Ireland might be undertaking relating to legal capacity. I apologise if my statement, which added the second issue, may have confused or conflated matters. It is not that any state must be perfectly in compliance with the convention before it decides to ratify or accede to the optional protocol. It simply establishes a communications procedure for individuals in Ireland who have gone through court processes but feel the Committee on the Rights of Persons with Disabilities, CRPD, might have some views to offer the Irish Government on a potential rights violation. It is better to consider them entirely delinked. It is not the same as ratification of a treaty process. It is the same as communication procedures under other treaties that Ireland is a state party to, including the International Covenant on Civil and Political Rights.

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