Oireachtas Joint and Select Committees

Thursday, 10 November 2022

Joint Oireachtas Committee on Disability Matters

UNCRPD and the Optional Protocol: Discussion

Mr. Jarrod Clyne:

Apologies, I realised that I neglected to answer one part of the last speaker's question about demonstration that domestic remedies would be futile. This is similar to the European court system; there are a range of views from other treaty bodies that inform this. There might be an existing precedent that rules out a claim; undue time taken to consider a complaint; or there may be financial barriers, for example if an individual cannot afford to take proceedings and there is no legal aid for such proceedings, in practice they cannot take things further. There are different criteria. The committee has a well established approach to this. It is not a purely subjective test, it is not just that the individual believes the remedies will be futile, one has to point to some objective factors.

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