Barry Heneghan (Dublin Bay North, Independent)
Link to this: Individually | In context | Oireachtas source

374. To ask the Minister for Children, Equality, Disability, Integration and Youth if she accepts that General Comments of UN Conventions are “legally persuasive” documents as per citations in the Irish Supreme Court and European Court of Human Rights, and that as such, their definitions and clarifications are of utmost importance to the implementation of the UNCRPD in Ireland; and if she will make a statement on the matter. [10506/25]

Hildegarde Naughton (Galway West, Fine Gael)
Link to this: Individually | In context | Oireachtas source

Government is committed to implementing the United Nations Convention on the Rights of Persons with Disabilities, as ratified by Ireland in 2018.

While I thank the Deputy for the question I am not in a position to offer legal advice or legal interpretations to the Deputy.

In general terms I am advised that the long-standing position in international law for all major human rights treaties is that General Comments are not binding on State Parties, but serve instead to offer interpretation on particular Articles to support State Parties in their implementation of those Articles.

Alongside the position above, it is also important to note that under the Constitution Ireland operates as a dualist State in relation to international law. This means that according to Article 29.6 of the Constitution, while Ireland is bound by the obligations set out in the treaties it has ratified, those treaties are not directly applicable in Irish law save as may be determined by an act of the Oireachtas.

In relation to the contention that General Comments are “legally persuasive”, it is the case that in certain instances General Comments are referenced in our own courts. Flowing from the constitutional position, reference to General Comments is done as an aid for the statutory or constitutional interpretation of a domestic legal provision giving effect to an international obligation. It is the domestic legal provision and not the international provision (e.g. the General Comment) that is binding. Reference to General Comments is for the purpose of clarifying the intention of the legislature in the meaning of a domestic provision, as obligations assumed under international law do not give rise to rights which are enforceable in domestic courts unless and until the Oireachtas legislates for them.

In essence General Comments represent a treaty body’s non legally binding interpretation or guide of the provisions of the respective human rights treaty provisions and thematic issues and they serve as guidance for State Parties in that regard.