Mr. Liam Herrick:

I am here with my colleague Dr. Elliott, our head of research and policy. We will later be joined by commissioner Dr. McDonagh, who has unfortunately had a transport difficulty this morning, which speaks to some of the issues we may address with the challenges people face in terms of accessibility. The Irish Human Rights and Equality Commission is Ireland’s independent national human rights institution and Ireland's independent national equality body. For today's purposes and discussion, we are also designated as the independent monitoring mechanism under the UN Convention on the Rights of Persons with Disabilities. We have just published our first report under the UN Committee on the Rights of Persons with Disabilities in our function and role, which was submitted to the United Nations in the past two weeks and will inform its identification of the priority list of issues it will examine Ireland on. The report will lead to a discussion with the committee in August of this year.

Our report is informed by the voices of disabled people in Ireland, whose lived experiences are reflected in its findings. In its preparation, we engaged extensively with disabled people, including consultation events with disabled persons organisations. All of our work in this area is advised and guided by our disability advisory committee, which is composed primarily of people with lived experience of disability. As the committee knows, under the UN Convention on the Rights of Persons with Disabilities, disability is correctly recognised as a natural part of human diversity, a part that must be respected and supported in all its forms. Disabled people have the same rights as everyone else in society, including the right to live independently within the community. Disability-related needs do not provide any excuse for the State restricting this right. The implementation of the UN Convention on the Rights of Persons with Disabilities requires transformative and holistic change based on an equality and human rights model, including through investment by the State to eradicate poverty and social marginalisation of all disabled people. Unfortunately, our report lays bare the stark fact that Ireland is fundamentally failing to uphold the rights of persons with disability.

It is a comprehensive report addressing all 33 articles of the UNCRPD, but I will briefly touch on some of the areas of particular concern. We find in our report that institutionalisation is effectively being tacitly endorsed by the State through the chronic lack of community-based supports and housing for disabled people.

From early childhood through to old age, disabled people are too often denied the opportunity to live independently in their communities. The current accommodation crisis does not in any way excuse the inability of the State to fulfil its obligations in this area. In this regard, we note the consistent comments of UN committees emphasising that Ireland is one of the wealthiest countries in the world and that temporary shortages of resources cannot justify denial of rights.

Congregated and institutional settings continue to expose disabled people to the risk of harm, despite Ireland’s own painful history of institutional abuse. The State has repeatedly failed to safeguard vulnerable individuals in these settings.

Domestic, sexual and gender-based violence against disabled people is a matter of serious concern identified in our report, in both institutional and domestic settings. There are no measures targeting disabled women in the various national strategies on employment or domestic, sexual and gender-based violence.

Education systems, meant to foster inclusion and opportunity, have instead perpetuated exclusion. Disabled children are routinely denied their right to inclusive education, and serious concerns remain about the use of seclusion and restraint in schools.

Our report identifies a comprehensive set of measures across all of these areas that could, if the political will was there, transform the lives of disabled people in Ireland. Our report is particularly timely because, as the committee knows, we are awaiting the national disability strategy, which is now being described as the national human rights strategy for people with disability. It is imperative that this strategy provides for the transformational reform that is needed. It must address outdated legislation, fill policy gaps and ensure leadership and measurable actions to address the current systemic barriers to equality and non-discrimination. Of course, the strategy must be owned, informed and guided by disabled people. Central to this work is meaningful engagement with disabled people and disabled people’s organisations, as a key pillar of the implementation.

Law reform must play a key role in this strategy, including review of the Equality Acts - we appeared before the children, disability and equality committee concerning this issue last night - the EPSEN Acts in the sphere of education, the Mental Health Act and the introduction of fresh legislation regarding safeguarding and persons deprived of their liberty.

I take the opportunity to introduce my colleague Rosaleen McDonagh, who has just joined us. As many committee members will know, Dr. McDonagh is not only a member of the Irish Human Rights and Equality Commission but also chair of our disability advisory committee. I know she has addressed this committee in the past. Dr. McDonagh and I, and my colleague Iris Elliott, our head of research and policy, would be happy to take questions. The key point from our report is that when Ireland ratified this treaty, we committed to recognising disabled people as full and equal participants in society. As we come before the UN committee and as we launch a new disability strategy, this is now the moment that we finally fulfil those aspirations and promises.