Amnesty International Ireland has today launched a new report, Bringing ESC Rights Home: Ireland and the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights.
The Optional Protocol to the International Covenant on Economic, Social and Cultural Rights (OP ICESCR) is an important human rights treaty that allows people to make a complaint to the United Nations if their economic, social and cultural rights such as health, social security or adequate housing are not upheld by the State.
International human rights law requires Governments to respect, protect and fulfil these rights. Ireland agreed to be bound by this obligation when it ratified the International Covenant on Economic, Social and Cultural Rights in 1989.
Colm O’Gorman, Executive Director of Amnesty International Ireland, said: “An individual has had the right to complain to the UN for violations of civil and political rights since Ireland ratified the relevant treaty and Optional Protocol in 1989. This same protection does not exist for economic, social and cultural rights. Human rights are indivisible and interdependent and protection of both types of rights is essential and a requirement of Ireland’s obligations under international human rights law.
“Economic, social and cultural rights have limited recognition in Irish law and there are few remedies available if these rights are not upheld. It is vital that people have access to an international remedy in the form of the OP ICESCR. Ratification of the OP ICESCR goes some way in ensuring that economic, social and cultural rights are given protection equal to civil and political rights.”
Under the OP ICESCR, the United Nations considers a complaint and if a violation has occurred, recommendations are made to the State to help it to rectify the situation and for the individual to obtain redress. Before someone can take their case to the United Nations all options available to them under domestic law must have been exhausted.
“The Optional Protocol is an especially important tool for vulnerable groups and people whose rights have been violated. But of course accountability is about much more than responding to failures to uphold rights. Being bound by an international mechanism can also help Government to achieve greater accountability, transparency and provide guidance in decisions around the allocation of resources, said Colm O’Gorman.
“Accountability also provides people and communities the opportunity to understand how the Government has fulfilled its human rights obligations.
“Two and a half years after signing the OP ICESCR the Government has given no indication of when it will ratify the treaty and ensure that the human rights of people in Ireland are better protected.
“It is time for the Government to finally begin the process of ratification. With detailed recommendations and an outline of how the OP ICESCR is relevant to particular departments our report will be a useful tool to Government and policy makers.”
Amnesty International’s report explains how the OP ICESCR works, its relevance to particular Government departments and the wide ranging benefits to individuals and Government. The report concludes by calling for the Irish Government to begin the ratification process. Ireland signed the Optional Protocol in March 2012 but until ratification occurs the treaty has no effect in Ireland.
Further Information
Economic, social and cultural rights include rights such as housing, health, education and social security and are contained in the International Covenant on Economic, Social and Cultural Rights ratified by Ireland in 1989.
In March 2012 Ireland signed the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights. Until Ireland ratifies the Optional Protocol it does not have effect in Ireland.
To date, 15 States have ratified the OP ICESCR, including seven European States: Spain, Portugal, Slovakia, Montenegro, Bosnia and Herzegovina, Belgium and Finland. A further 30 States, including Ireland, have signed the OP ICESCR but have not yet ratified it.