IRELAND-SOGI-TBs-CCPR

Concluding Observations on Report 5 (2022) (Link)

Non-discrimination, hate speech and hate crime

15. The Committee welcomes the various legislative and policy measures taken by the State party to combat discrimination as well as the establishment of the Independent Anti-Racism Committee in 2020, but it remains concerned about: (a) the persistent discrimination suffered by women, persons of African descent, Travellers and Roma community, persons with disabilities, and lesbian, gay, bisexual, transgender and intersex persons, especially in the areas of education, health care and employment; (b) that members of the Traveller and Roma community as well as persons of African descent are particularly targeted by systemic discrimination and racial profiling; and (c) the shortcomings in comprehensive data collection, including the lack of ethnic identifiers, specifically related to the activities and actions of law enforcement, as well as the investigations, prosecutions and sanctions of discriminatory and hate-based crimes (arts. 2, 7, 18, 20 and 26).

16. The State party should:

(a) Continue to monitor and assess legislative and policy measures on racism and non-discrimination, guaranteeing swift and full implementation of updated national strategies as well as the National Action Plan Against Racism;

(b) Develop and fully implement a system of ethnic equality monitoring in line with international standards across all relevant state departments and public bodies;

(c) Ensure adequate training to law enforcement officials in order to sensitize them to the need to prevent racial profiling, as well as monitor the efficacy of such activities by setting up a mechanism to collect data on the exercise of stop-and-search powers by law enforcement officials;

(d) Increase efforts to ensure that information about complaint procedures and remedies for discrimination in the context of law enforcement activities is accessible to all victims.

17. The Committee is concerned with reports of increases in hate crime and discriminatory incidents, especially in the context of the COVID-19 pandemic. It notes the efforts taken by the State party to publish and review the General Scheme of the Criminal Justice (Hate Crime) Bill 2021, but the Committee remains concerned about the reports that the proposed legislation may not be in line with international standards, specifically in regard to proposed definitions, inter alia, of ‘hatred’ or of ‘incitement’ as well as the scope of exceptions. Furthermore, the Committee regrets reports that specific communities, inter alia, persons with disabilities, and lesbian, gay, bisexual, transgender and intersex persons were not included in the consultation process (arts. 2, 19,20 and 26).

18. The State party should redouble its efforts to combat hate speech and incitement to discrimination or violence on the grounds of, inter alia, race, ethnicity, religion, or sexual orientation and gender identity, in accordance with articles 19 and 20 of the Covenant and the Committee’s general comment No. 34 (2011) on the freedoms of opinion and expression. It should also inter alia:

(a) Proceed with the timely adoption of the Criminal Justice (Incitement to Violence or Hatred and Hate Crime) Bill 2022 ensuring its provisions and restrictions are compatible with Covenant.

(b) Improve relevant data collection and take effective measures to prevent and sanction both online and offline hate speech;

(c) Strengthen its awareness-raising efforts aimed at promoting respect for human rights and tolerance for diversity, eradicating stereotypical prejudices based on race, ethnicity, religion, or sexual orientation and gender identity;

(d) Encourage the reporting of hate crimes, and ensure that hate crimes are thoroughly investigated, perpetrators prosecuted and punished, and victims provided with effective remedies;

(e) Provide adequate training to central and local authorities, law enforcement officials, judges, and prosecutors on addressing hate speech and hate crimes, and to media workers on promoting acceptance of diversity.

Sexual orientation, gender identity and intersex persons

19. The Committee is concerned about social stigmatization and discrimination against persons based on their sexual orientation or gender identity. While noting the information provided in regard to the ongoing review of conversion practices, the Committee is concerned about reports of the continued practice of conversion therapy. The Committee is also concerned that irreversible and invasive medical interventions continue to be performed on intersex children. It notes with concern that such actions are often based on a stereotyped vision of gender roles and carried out before children are of an age to allow them to give their full, free and informed consent (arts. 3, 7, 9, 17, 24 and 26).

20. The State party should:

(a) Consider taking the necessary steps to prohibit the practice of so-called conversion therapy against lesbian, bisexual and transgender persons;

(b) Take all steps necessary to ensure that all acts relating to the assignment of a sex to intersex children performed without their free and informed consent are specifically prohibited, except in cases where such interventions are absolutely necessary for medical reasons and the best interests of the child have been duly considered.

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Concluding Observations on Report 4 (2014) (Link)

Gender equality

7. While welcoming the Convention on the Constitution’s recommendation of February 2013, the State party’s commitment to hold a referendum on the matter and the establishment of a task force, the Committee regrets the slow pace of progress in modifying the language of article 41.2 of the Constitution on the role of women in the home. It also expresses concern that, despite the adoption of the Electoral (Amendment) Political Funding Act 2012 which encourages political parties to establish a quota for female candidates, women continue to be underrepresented in both public and private sectors, particularly in decision-making positions. Additionally, the Committee is concerned that the new Gender Recognition Bill approved by the Cabinet in June 2014 retains the requirement for married transgender persons to dissolve the existing marriage or civil partnership to have their preferred gender formally recognized (arts. 2, 3, 23 and 26).

The State party should take concrete steps to implement the recommendations issued by the Convention on the Constitution to facilitate the amendment of article 41.2 of the Constitution to render it gender-neutral, and further encourage greater participation of women in both public and private sectors, including by providing stable and sufficient funding for institutions established to promote and protect gender equality. It should also ensure that transgender persons and representatives of transgender organizations are effectively consulted in the finalization of the Gender Recognition Bill so as to ensure that their rights are fully guaranteed, including the right to legal recognition of gender without the requirement of dissolution of marriage or civil partnership.

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Concluding Observations on Report 3 (2008) (Link)

8. The Committee, while noting with satisfaction the State party’s intention to adopt legislation on a civil partnership bill, expresses its concern that no provisions regarding taxation and social welfare are proposed at present. It is furthermore concerned that the State party has not recognized a change of gender by transgender persons by permitting birth certificates to be issued for these persons. (arts. 2, 16, 17, 23, and 26)

The State party should ensure that its legislation is not discriminatory of non- traditional forms of partnership, including taxation and welfare benefits. The State party should also recognize the right of transgender persons to a change of gender by permitting the issuance of new birth certificates.

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Concluding Observations on Report 2 (2000) (Link)

[no mention]

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Concluding Observations on Report 1 (1993) (Link)

[no mention]

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