Frances Fitzgerald (Dublin Mid West, Fine Gael) | Oireachtas source

There are robust mechanisms already in place in legislation to deal with discrimination and offences against all members of our society. In general, where criminal offences such as assault, criminal damage, or public order offences are committed against any person, including a person with a disability, they are prosecuted as generic offences through the wider criminal law. Judges are required to take aggravating factors, such as targeting a victim because he or she has a disability, into account at sentencing. The discriminatory grounds in equality legislation to combat discrimination in employment and the provision of services also include disability.

As indicated, the Department is to undertake a review of the Prohibition of Incitement to Racial Religious or National Hatred Act 1989 with a view to ensuring it meets the needs of contemporary society. The case for including incitement against a person with a disability will be considered specifically as part of this wider examination. It is something that will be considered in the review of the legislation.

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