Oireachtas Joint and Select Committees

Thursday, 10 November 2022

Joint Oireachtas Committee on Disability Matters

UNCRPD and the Optional Protocol: Discussion

Photo of Erin McGreehanErin McGreehan (Fianna Fail) | Oireachtas source

I thank Ms Flynn.

I want to ask Mr. Clyne about the implementation of the optional protocol. We all agree that each state should be fully accountable at a human level. An individual should never be denied his or her human rights. Like other speakers here, I am afraid that because of the costs and the difficulties with our domestic remedies, the international procedures with the optional protocol may feel too far away and unattainable. For us to understand the practicalities of implementing the optional protocol, can Mr. Clyne give the committee examples of individual complaints that made it beyond other countries' national legal procedures? Can we have an example of the inquiry procedures? If the fault was on the state and it was found to be wrong, what financial or legal consequences were placed on that state thereafter? I believe our Government and State are afraid of court cases being seen as a panacea, when we have a long way to go before we get to use of the optional protocol, even when we do ratify it. Even if we were to ratify it tomorrow, what were the situations in other countries that had ratified and implemented it when an individual used the optional protocol to call his or her state to account?

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