Tom Fleming (Kerry South, Independent) | Oireachtas source

This June, Ireland will face a United Nations committee in Geneva to account for how it has protected and promoted the fundamental human rights of its people in areas such as social security, health, education, housing and living standards. This committee will be assessing contributions from the Irish Government, from civil society bodies and from the Irish Human Rights and Equality Commission. This meeting is set against the backdrop of the State's legal obligation as set out in a treaty that was ratified by the Oireachtas in 1989, the International Covenant on Economic, Social and Cultural Rights.

How do we define economic, social and cultural rights? Economic rights would include the right to work and to fair conditions of work. Social rights would include the right to social security, to an adequate standard of living and to adequate food, water, clothing and shelter. Social rights would also include the right to a decent standard of physical and mental health and the right to education. Cultural rights include the right to participate in the culture of one's community and to enjoy the benefits of science and technology. They would also include ethnic or religious minorities having the right to practise their own culture and faith and to speak their own language.

In recent years these rights became secondary to dealing with the banks. The most vulnerable in our society suffered and are still suffering very much, disproportionately. Our elderly, lone parents, disabled carers and those with special needs, have suffered deprivation and consistent poverty. These figures have increased annually since 2008, as evidenced by the 12% of children living in poverty in Ireland up to the year 2013. Recent alarming figures are evidence of food shortages, which is a significant deprivation and injustice for these children in particular. With more than 90,000 people on the housing lists and the looming threat of repossession for many thousands more households in deep mortgage arrears, housing supply is an urgent issue for this Government.

It must be noted that the main ESC international treaty gives states time to move towards providing these rights.

In other words, the rights must be progressively realised as such. This means that the State must work as quickly and effectively as possible towards the full achievement of economic, social and cultural obligations for all. The State must do this using the maximum available resources, which means the total actual resources available, not necessarily the total resources that the Government wishes to make available. Interestingly, once the economic, social and cultural rights are provided by the State then any measures that dilute, limit or reduce in any way the existing ESC rights require exceptionally strong justification.

On 31 March, the Constitutional Convention recommended to the Government by an overwhelming majority of 85% that ESC rights should be given enhanced protection in the Constitution. The Government was due to respond to the recommendation by the end of July. However, in breach of the convention's terms of reference, we now understand this response will not be given perhaps until the late autumn.

The economic, social and cultural rights initiative is a network of organisations and individuals with a shared belief that an increased protection of these rights in Irish law would contribute to a more just, inclusive and equal society. The main question relates to education and health and these two issues are very much interlinked, especially with regard to the protection and delivery of services to our young population. We need to ensure they get the necessary quality start in their lives.

Research published by the Economic and Social Research Institute and the National Disability Authority indicates that the majority of children with disabilities in Ireland now attend mainstream schools. Many of them do not need additional supports to progress successfully through the educational system. To work out what supports are needed, we need to know the characteristics of the children with disabilities. In this way we can devise a coherent, effective and efficient system of delivery.

More than two thirds of these children have multiple disabilities. The most common disabilities are intellectual disabilities, for example, Down's syndrome, learning difficulties or dyslexia. Recently, it has been brought to my notice that a major proportion of dyslexic children are being refused special readers for the various upcoming leaving and junior certificate examinations. This is totally detrimental and puts them in a seriously disadvantaged position with regard to facing the most crucial matter of their lives. We will have to go back to the drawing board and reconsider the stiff criteria because the bar is set to a rather high level.

I have seen factual proven evidence whereby the people concerned have gone for independent assessment to reliable and reputable independent people or organisations. The ultimate recommendation was that they were entitled to the assistance. Their only course of action after being turned down in the appeals system has been to go to the Ombudsman for Children. I hope the people who have referred their cases for adjudication will get a sympathetic hearing from the ombudsman's office. It is a disgraceful situation. The Minister of State should talk to the Minister for Education and Skills, Deputy Jan O'Sullivan. This is something that needs to be rectified. It may be a little late for this year but I imagine some message could be sent to the ombudsman's office to the effect that these people should be given something of a reprieve and fair play.

The report findings shows that more boys than girls have disabilities and that the children affected are more likely to come from disadvantaged social backgrounds. In particular, the research provides new information about the population of children and young people with emotional, psychological and mental health disabilities. Young women with mental health disabilities have a greater risk of being absent from school compared to children with other types of disabilities, while young men with emotional, psychological and mental health disabilities have a greater risk of social isolation in that they are less likely to engage with their peers at school. These findings raise questions about whether schools are providing adequate social and personal supports to children and young people. Sufficient time should be set aside for this question. Perhaps now is the ideal opportunity to debate the role of the schools and guidance services in providing the necessary supports. It has been drawn to the attention of all public representatives, including everyone in the House tonight, that the loss of one-to-one career guidance services in our secondary schools represents a major deficiency in our services. These people do not simply advise on careers alone. Those affected can have many hidden problems and often they will not speak out openly in group meetings, etc. I call on the Minister of State to go back to the relevant Minister. Perhaps she could take a positive message with her. If the statistics are examined, I am sure it would be clear that there is a real and urgent need to rectify the situation.

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