Dáil debates

Tuesday, 13 March 2012

 

Human Rights Issues

5:00 pm

Photo of Jonathan O'BrienJonathan O'Brien (Cork North Central, Sinn Fein)

I am glad to hear Deputy Keating's concluding remarks to the previous matter because I thought job creation is the best way of moving people off those queues.

I thank the Minister of State for dealing with the Topical Issue Matters. It looks like he is a one-man Cabinet today dealing with topics such as small business, social protection, justice, defence, equality. I presume this is because of the week it is, when people are away for St. Patrick's day.

I welcome Ireland's participation in the UN universal periodic review process which is an important process in which to be involved. This gives UN member states the opportunity to voice their opinions and make recommendations on this State's obligation to human rights and whether it is to accept, partially accept or reject them.

The response to the latest report was made public last Friday and I wish to comment briefly on some of the aspects of that response. One of the responses to the optional protocol and the rights of persons with disability is that Ireland is committed to ratifying that UN convention. The legislative and administrative procedures must be put in place to enable the State to ratify the convention but I have not noticed any haste to do so. This Government has made some progress as regards the legislation on mental capacity the heads of that Bill being currently before the justice committee. There is a concern that what is being proposed in that legislation will not satisfy the criteria for meeting the ratification of the UN convention. It is very important that this legislation meets the requirements for ratification of that convention. I ask for some form of commitment from the Government that this will be the case and that any legislation introduced in this area will meet those commitments.

I do not wish to use the word, "laughable", but I refer to the State's response contained in 107.49 regarding the issue of our obligations on human rights. The Government has claimed that the human rights of all residents are already comprehensively protected by the Constitution of Ireland which, in effect, constitutes a bill of rights for this State. I regard this type of statement to be warped. The Constitution states that a woman's role is in the home; that children have no rights outside of the family unit; and it defines the legal family unit as being based on marriage. It refers to the right to own property but it does not refer to the right to a home, to a roof over one's head, the right to a job, nor does it refer to the right of access to medical care. These are all rights which, in my opinion, -----

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