Oireachtas Joint and Select Committees

Thursday, 16 February 2023

Joint Oireachtas Committee on Disability Matters

Disability Proofing and Data: Discussion

Ms Sin?ad Gibney:

I thank Dr. Elliot for answering Deputy Cairns's questions and thank the Deputy for the range of questions she asked. I will build on a few of the responses in addition to what Dr. Elliot has contributed. Firstly, in terms of the role of IHREC as the independent monitoring mechanism, as Dr. Elliot said, we have not done that formal assessment of compliance at this stage. I remind committee members that until the optional protocol is ratified that designation does not become formal for us. We have a number of different monitoring designations including in the area of human trafficking, for example. We have an incoming designation on the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. We do our best to operate as the independent monitoring mechanism. For example, we have a disability advisory committee in place. In the ways that Dr. Elliot has listed already, we have engaged with many other different State actors in any forum can, operating essentially as that independent monitoring mechanism. It is crucial, and I want to use this opportunity to really urge members to push for the optional protocol to be ratified, because all of these mechanisms are dependent on that ratification.

I want to touch on the Deputy's final question on the connection between data and the violation of rights. To provide a conceptual answer, if I may, human rights are for everyone. No matter the area, where there is a lack of data that might either contribute or fully prevent the realisation of those rights for people with disabilities, it means that we cannot say that we have that right. For example, if the lack of data partly or wholly contributes to a person with a disability not being able to access the appropriate education that they wish for, then we cannot say that in Ireland we have a human right to education that is realisable. It is important to think about it in that way because I think that might help the members, as legislators, to understand why the rights-based model is so important. We have to think about those among us with disabilities as being able to enjoy the same human rights that we all do. That will direct us in designing policy and legislation in the right way. The concept of human rights being for everybody is helpful in framing that.

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