| For a summary of Ireland’s review at the first cycle please click here. |
25th UPR session
Date of review: 11 May 2016
Date of report adoption: 18 July 2016
Document number: A/HRC/33/17
|
SUMMARY SOGIESC issues during Ireland’s 2nd UPR review |
I. SOGIESC issues/recommendations identified by NGOs
3. IHREC [NHRI] observed that two referenda were held on children’s rights, and same-sex civil marriage.
Constitutional and legislative framework
21. JS2 noted advancements with the 2015 referendum to extend civil marriage rights to same-sex couples.
Equality and non-discrimination
33. Office for Democratic Institutions and Human Rights of the Organisation for Security and Cooperation in Europe reported that the police recorded 109 hate incidents occurring in 2013, of which 12 were sentenced. Out of the 109 incidents, two had anti-Semitic motivation, 17 had an LGBT motivation and the remaining 90 had racist and/or xenophobic bias. European Union Agency for Fundamental Rights (EU-FRA) reported that evidence of discriminatory ethnic profiling was found in Ireland. Organization for Defending Victims of Violence echoed calls of Muslim minorities for the Government to address the root causes of hate crimes.
37. JS3-YRRN welcomed the enactment of legislation providing equal rights for samesex couples to parenting of children and the enactment of the Gender Recognition Act 2015. JS3-YRRN recommended introduction of legislation: to regulate surrogacy, applying equally to same-sex and opposite-sex couples; and to ensure LGBTI persons are no longer discriminated against in pension provision.
II. Excerpts on SOGIESC issues from the national report
3. We are proud that following a referendum to change the Constitution, Ireland enacted legislation to ensure that same-sex couples can marry.
Marriage equality
75. Following the result of the May 2015 referendum, Ireland enacted the Marriage Act 201529. Same-sex couples can now marry and enjoy the same constitutional rights and protections as all families (Recommendation 107.44), and marriages between same-sex couple contracted in other jurisdiction are recognised as marriages in Ireland.
Admission to Schools
125. The Education (Admission to Schools) Bill 2015 aims to ensure that how schools decide on who is enrolled and who is refused a place in schools is more structured, fair and transparent.
126. The Bill provides for a school to explicitly state in its admission policy that it will not discriminate against an applicant for admission on the grounds of disability, special educational needs, sexual orientation, family status, membership of the Traveller community, race, civil status, gender or religion, while including provision for single-sex schools and denominational schools to reflect their specific ethos in their admission policy.
Travellers and Roma
142. The Garda Racial, Intercultural and Diversity Office (GRIDO) recently extended recording of bias motivation indicators for hate-motivated incidents on the Garda PULSE system to include anti-Traveller and anti-Roma, as well as anti-Muslim, transphobia, agerelated, gender-related and disability-related. These, in addition to the existing bias motivation indicators of anti-Semitism, homophobia, racism, sectarianism and xenophobia, will enable more comprehensive collection of data when recording incidents, and forms part of the victim assessment in accordance with the EU Victims Directive 2012/29
International human rights obligations and engagement
168. Ireland’s election to the United Nations Human Rights Council from January 2013 to December 2015 provided an opportunity to make an enhanced contribution to the promotion and protection of human rights globally. During our membership, Ireland maintained its long-standing positions on freedom of religion or belief, human rights defenders, rights of the child, the death penalty, gender equality, the rights of LGBTI persons and many other key issues.
III. Excerpts on SOGIESC issues by UN agencies
Equality and non-discrimination
22. The Committee on the Rights of the Child noted with appreciation the adoption of the Gender Recognition Act 2015, providing that, from 16 years of age, the preferred gender of a person would be fully recognized by the State for all purposes. However, it remained concerned about cases of medically unnecessary surgeries and other procedures on intersex children before they were able to provide their informed consent; and at discrimination against lesbian, bisexual, gay, transgender and intersex children.
IV. References to SOGIESC issues during the Working Group review
7. Key recent human rights developments had included the adoption by referendum of a Constitutional amendment to provide for same-sex marriage. Ireland was at the forefront of introducing self-determined gender recognition under the Gender Recognition Act 2015, which allowed adults to determine their own gender without recourse to medical or psychological opinion, and provided for a person’s preferred gender to be fully recognized by the State.
19. Israel was deeply concerned about hate crimes, unnecessary surgery on intersex children, and persistent discrimination against lesbian, gay, bisexual, transgender and intersex children.
33. The Netherlands congratulated Ireland on its referendum amending the Constitution to allow same-sex marriage.
34. New Zealand commended progress on gender equality and the Constitutional amendment allowing same-sex marriage, while noting the need for further work on the sexual and reproductive health policy for adolescents.
58. South Africa commended Ireland for submitting a voluntary interim report and enacting legislation ensuring that same-sex couples could marry.
59. Spain congratulated Ireland for its national and international commitment to human rights and for the recent adoption of the law on same-sex marriage.
72. The United Kingdom welcomed the decision to extend marriage rights to same-sex couples and the constitutional amendment strengthening children’s rights.
73. Slovenia welcomed the ratification of the Optional Protocol to the Convention on the Rights of the Child on a communications procedure and the Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters, and the adoption of legislation on same-sex marriage.
74. Uruguay welcomed the constitutional and legal measures Ireland had adopted against discrimination based on sexual orientation and gender identity, and the establishment of the Irish Human Rights and Equality Commission.
102. Denmark welcomed the Constitutional changes ensuring the right to marry for samesex couples, and the improved prison conditions, although overcrowding issues remained.
114. Brazil commended legislation ensuring same-sex marriage and ongoing measures to ratify the Optional Protocol to the Convention against Torture.
V. Conclusions and/or recommendations
Ireland accepted the following recommendations:
135.119 Take further steps to address discrimination of lesbian, gay, bisexual, transgender and intersex persons in access to goods, employment and services, including healthcare (Denmark);
136.49 Continue legislating so that there is no discrimination against lesbian, gay, bisexual, transgender and intersex persons in the field of pensions (Spain).
Ireland noted the following recommendations:
136.79 Protect and promote reproductive rights without any discrimination, recognising reproductive rights include the right to the highest attainable standard of sexual and reproductive health, the right of all to decide freely and responsibly the number, spacing and timing of their children, as well as decide on matters related to their sexuality, and to have the information and means to do so free from discrimination, violence or coercion (Canada).
VI. Further information
You will find all documents relating to Ireland’s second review at UPR-Info and OHCHR’s websites.