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TITLE: IRELAND HUMAN RIGHTS PRACTICES, 1993
DATE: JANUARY 31, 1994
AUTHOR: U.S. DEPARTMENT OF STATE
IRELAND
The Republic of Ireland is a parliamentary democracy with a
long tradition of orderly transfer of power. Individual
liberties and civil rights are protected by the 1937
Constitution and subsequent Supreme Court decisions.
A civilian police force maintains public safety. Successive
governments have had to deal with the spillover into the
Republic of terrorist violence from Northern Ireland. That
violence led authorities to adopt legislation in 1984 granting
the police increased powers to detain and interrogate those
suspected of acts of terrorism. During 1993 officials
continued to show restraint in exercising these powers.
The economy, based largely on free enterprise, has grown
rapidly as a result of long-term policies of industrialization
and diversification which are agreed upon among the Government,
the labor unions, and the business community. The economy
performed well in 1993; exports were strong and the budget
deficit was reduced. However, the rate of unemployment was
22 percent.
The Government and people of Ireland attach great importance to
the observance and maintenance of human rights. Significant
discrimination against women continued in 1993, although
attitudes are changing and legislation seeking to address the
problem was introduced.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political and Other Extrajudicial Killing
In the past, politically motivated killings occurred in Ireland
as a spillover from the violence in Northern Ireland. In these
cases, such groups as the Provisional Irish Republican Army
(IRA) or the Irish National Liberation Army (INLA) usually
claimed responsibility. The Government used the full force of
law to pursue and prosecute such cases wherever possible. No
political or other extrajudicial killings were reported in the
Republic in 1993.
b. Disappearance
Persons are not abducted, secretly arrested, or held in
clandestine detention by the authorities.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
Torture and other cruel, inhuman, or degrading punishment are
prohibited by laws which are observed in practice.
Efforts were made to ameliorate the problem of prison
overcrowding, but it continues to have an adverse impact on the
psychological well-being of detainees. The Irish Council on
Civil Liberties noted that prisoners in Ireland have a high
suicide rate compared to those in England and Wales; that
Ireland's largest prison, Mountjoy Jail, has no sanitation
facilities in the cells; that there is no separate, suitable
prison for women nor provision of separate secure units for
young people, resulting in 14- and 15-year-olds being mixed in
with the regular adult population; and that prison conditions
are unacceptable for prisoners suffering from the human
immunodeficiency virus ( HIV).
d. Arbitrary Arrest, Detention, or Exile
The Constitution provides that a person shall be deprived of
personal liberty only in accordance with the law. This is
respected in practice. The Constitution also provides for a
judicial determination of the legality of a person's detention
and requires that the arresting authorities make written
explanation to the court about the person concerned.
The use of short-term detention without charges being brought
is restricted. It is permitted for a maximum of 48 hours in
cases covered by the Offenses Against the State Act of 1939,
legislation designed to "prevent actions and conduct calculated
to undermine public order and the authority of the State."
This legislation, reactivated in 1972, was broadened to include
other "scheduled offenses" against peace and order. The police
may arrest and detain for questioning anyone suspected of any
terrorist offense involving firearms, explosives, membership in
an unlawful organization, or malicious damage to property.
After the 48-hour period, the person must be brought before a
magistrate, presented with written charges, and given legal
representation.
The omnibus Criminal Justice Act of 1984 gave the police
increased powers of detention for interrogation. It took
effect in 1987 after implementation of the companion Complaints
Procedure. The Act gave the police (garda) the authority to
detain for up to 12 hours a person under reasonable suspicion
of having committed a crime. Neither incommunicado detention
nor exile is used.
e. Denial of Fair Public Trial
Fair public trial is provided for by the Constitution and
respected in practice. A defendant has the right to legal
counsel. The courts are independent, and jury trial is the
norm. There is provision for free legal aid and appeal against
conviction or sentence. The Constitution provides, however,
for the creation of "special courts" to deal with cases in
which the "ordinary courts are inadequate to secure the
effective administration of justice and the preservation of
public peace and order." The Offenses Against the State Act
formally authorized such courts in instances of offenses
against national security, particularly cases of political
violence perpetrated by terrorist groups likely to intimidate
regular juries. Rather than having juries, these courts have
panels of judges, each consisting of an uneven number not less
than three. Their verdicts are by majority vote. Rules of
evidence generally are similar to those of regular courts,
except that the sworn statement of a police Chief
Superintendent that the accused is a member of an illegal
organization is considered prima facie evidence of such
membership. Court sessions are usually public but may exclude
certain persons, other than genuine press representatives.
There were 12 special court trials, and 12 convictions, through
the end of October.
In an effort to provide adequate legal assistance for those
unable to afford lawyers, the 1994 budget increases from
$3,018,800 (2,000,000 Irish pounds) to almost $7,547,000
(5,000,000 Irish pounds) funding for the Legal Aid Board, which
provides legal assistance to the indigent. Part of the
increase is to be used to establish new law centers and to
enable the 16 full-time and 19 part-time centers to provide
improved services to their clients.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
Some Irish laws, such as the prohibition of divorce, reflect
the point of view of the majority of the population. The area
of family law--including the rights of illegitimate children--
is the subject of current debate in which minority religious
communities have taken a vocal and active role.
Though not specifically provided for in the Constitution, the
inviolability of personal privacy, family, and home is affirmed
by the Supreme Court and generally observed. The Constitution,
however, provides that the State shall enact no law "providing
for the grant of the dissolution of marriage." A proposal to
amend the Constitution to permit divorce in limited
circumstances was overwhelmingly defeated in a 1986 nationwide
referendum. In the same year, the European Court of Human
Rights ruled that the prohibition of divorce is not a breach of
the European Convention on Human Rights, to which Ireland is a
party. The Government, which assumed office in January 1993,
has pledged to hold another referendum on divorce in 1994. It
announced plans to introduce legislation safeguarding the
economic rights of women in marriage before holding the
referendum, and in this connection the Parliament passed a
"matrimonial homes" bill providing for joint ownership of the
principal residence and furnishings. However, on January 24,
1994, the Supreme Court found the bill unconstitutional.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
These freedoms are provided for by the Constitution and
generally respected in practice. Publication or utterance of
"blasphemous, seditious, or indecent matter" is an offense
punishable by law. In practice this law is directed against
pornographic material. Convictions result in sentences
requiring fines.
The state-owned radio and television network, on the basis of
constitutional provisions dealing with public order and the
authority of the State, has denied airtime to members of
certain listed political organizations, including Provisional
Sinn Fein, the legal political front of the illegal Provisional
IRA. In 1982, the Irish Supreme Court upheld the
constitutionality of this policy. Political parties not on the
list are given access both to publicly owned radio and
television facilities and to major independent daily newspapers
and criticism of the Government in such media flourishes. A
provision of the 1960 Broadcasting Act prohibiting broadcasts
on radio or television of Sinn Fein representatives was not
recertified by the Government upon its expiration on January
19, 1994. The Supreme Court had earlier ruled that radio and
television networks could not prohibit the "nonpolitical"
appearance of someone simply by virtue of incidental membership
in Sinn Fein.
Academic freedom is respected.
b. Freedom of Peaceful Assembly and Association
These freedoms are provided for by the Constitution and
respected in practice. Certain terrorist organizations, such
as the Provisional IRA and INLA, however, are illegal, and
membership in them is an offense against national security
punishable by a maximum prison sentence of 7 years. Political
parties or groups associated with such organizations, such as
Sinn Fein, are not proscribed, although some of their freedoms
may be restricted, as described in Section 2.a.
c. Freedom of Religion
The population is 94 percent Roman Catholic. The Constitution
provides for freedom of religion, and there are no restrictions
upon freedom of worship.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
There is freedom of movement within the country, as well as
freedom to engage in foreign travel, emigration, and voluntary
repatriation. Irish authorities have accepted asylum seekers
only on a limited basis and apply international definitions to
those who claim refugee status. Some applicants for asylum
have been held in detention for varying lengths of time--
occasionally over a year--pending the adjudication of their
applications. Others, such as a group of 27 Kurdish men,
women, and children, who asked for asylum at Shannon Airport in
November 1992, were violently forced back onto their aircraft.
These Kurds were denied access to a lawyer, an interpreter, or
a representative of the U.N. High Commissioner for Refugees.
Eyewitnesses reported that during the struggle police and
immigration officials resorted to physical and verbal abuse;
many were injured. The Minister for Justice asked the police
for a full report, which at year's end was not yet available.
The Alien Act of 1935 gave the Minister for Justice unlimited
discretion in regard to treatment of all aliens, including
those who qualify for refugee status under international law.
Although Ireland has ratified the 1951 Geneva Convention
Relating to the Status of Refugees and its 1967 New York
Protocol, their provisions cannot be implemented until they
have been incorporated into domestic legislation.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
Since the end of the Irish Civil War in 1923, periodic
elections have resulted in the orderly transfer of political
power. There are several political parties, and independents
may stand for election to either House of Parliament. The
constitutional requirement that elections be held at least
every 5 years has always been met. Ireland uses a proportional
voting system, and the secrecy of the ballot is fully
safeguarded. There is universal suffrage for those over 18
years of age. Only 20 of 166 parliamentary deputies are
women. Women participate in all departments of government, but
are underrepresented at senior levels. There are two women
ministers and three women ministers of state.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
The Irish Council for Civil Liberties operates freely and
without hindrance as the principal independent organization
interested in domestic human rights issues.
The Government has generally ignored efforts by prisoners'
rights advocacy groups to improve conditions of detention:
there was relatively little pressure on the Government to do
anything; money to improve facilities significantly was
lacking; and the popular attitude was that prisoners were
criminals who deserved harsh treatment.
Section 5 Discrimination Based on Race, Sex, Religion,
Disability, Language, or Social Status
A criminal law bill dealing with sexual offenses passed on
July 7, inter alia, legalized homosexuality.
Women
Women are discriminated against in the areas of equal pay and
promotion to senior positions in both the public and the
private sectors and the provision of child-care facilities.
The Government pledged to implement the recommendations of the
Second Commission on the Status of Women, publicly released
during the year. These recommendations include a requirement
that at least 40 percent of all public appointees be women (see
below). The Government created in early 1993 a new department,
Equality and Law Reform, for the purpose of legislating gender
equality and the prohibition of all forms of discrimination.
Women were overrepresented in the lower grades of the public
service and underrepresented in the higher grades.
The Antidiscrimination (Pay) Act of 1974 and the Employment
Equality Act of 1977 sought to provide protection and redress
against gender and pay discrimination. The Employment Equality
Agency monitors their operation. The number of cases has
fallen in recent years, but progress in eliminating the
differential in the key index of average hourly earnings in
industry has been very modest. In 1993 the average hourly wage
for women was 60 percent of what men received and their weekly
earnings averaged 68 percent of men's weekly pay.
Violence against women occurs, and while no one has
systematically studied the extent of the problem, it is
believed to be serious. The Rape Crisis Center had 5,009
inquiries in 1992 about rape, sexual abuse, and child sexual
abuse; 25 women who claimed to have been raped contacted the
Center soon after the crime. Comparable figures for 1993 were
not available. The Center estimated that 30 percent of rape
victims report the crime to the police and that 10 percent of
those (3 percent of the total) go to trial. In addition to
rape and other sexual abuse, beatings of women and children are
common; they are frequently related to alcohol abuse. A number
of organizations exist which function as lobbying groups on
behalf of more effective legislation, prosecution of those
accused of these crimes, and protection for women. The media
have expanded coverage of crimes against women. The Rape
(Amendment) Act of 1990 criminalized rape within marriage and
provided for free legal advice to the victim. Women's groups
are seeking the extension of this provision to that of actual
legal representation, as well as increased counseling and other
support services for the victims of rape and domestic violence.
The Prime Minister established the Second Commission on the
Status of Women in 1990 with the mandate to promote greater
equality for women in all facets of Irish life. As priority
objectives, the Commission identified child care, training and
education, the development of employment opportunities, legal
rights and protection, and the appropriate funding of
representative bodies and support services. At the
Government's request, the Commission paid particular attention
to the needs of the full-time homemaker (only a third of Irish
women work outside the home). It was in this regard that the
Commission obtained from the Government the promise of early
introduction of legislation providing for automatic joint
ownership of the family home.
The Council for the Status of Women, representing over 100
national women's organizations, provides the central focus for
pursuit of legislative and other reforms to end discrimination
against women and to promote fuller participation by women in
the social, economic, and political life of the country.
Children
The Status of Children Act of 1987 and the Child Care Act of
1991 provide for governmental promotion of the welfare of
children. However, there are no reliable statistics concerning
the enforcement of these laws. In 1992 Ireland ratified the
U.N. Convention on the Rights of the Child. Despite the
Convention's provision that governments must make the
principles and provisions of the Convention widely known, the
Government had not done so by the end of 1993.
Children born out of wedlock have the same rights as other
children. The Status of Children Act abolished the main legal
discrimination between the two categories. The terms
"legitimate" and "illegitimate" may no longer be used in
legislation.
A 1991 seminar organized by the Youth Committee of the Irish
Congress of Trade Unions highlighted the issue of low pay and
exploitation of young people still attending school and engaged
in part-time or holiday work. A subsequent survey revealed
that the rates of pay, as established by joint labor
committees, were not being followed. On the average, female
workers over 16 years of age were paid 90 percent of males'
hourly rate; females under 16 were paid 72 percent of males'
rate.
People with Disabilities
Few public or private buildings have facilities for the
disabled. Public transport has none. The Dublin Bus Company
plans to begin using five "low-bottom" buses in January 1994 as
a first step in accommodating the disabled.
Section 6 Worker Rights
a. The Right of Association
Workers have the right to associate freely and to strike. The
right to join a union is guaranteed by law, as is the right to
refrain from joining. Antiunion actions before registration of
a union are legally prohibited. The Industrial Relations Act
of 1990 introduced limitations on picketing but generally
renewed legal guarantees of immunity to union members and
officials for industrial actions with regard to terms or
conditions of employment. Strikes in 1993 included a brief
"wildcat" strike at Dublin Airport by Aer Lingus employees, a
week-long Dublin bus drivers' strike, and a dental assistants'
strike which lasted 4 days. The Employer-Labor Council
mediated a settlement of the latter by offering the dental
assistants the amount they wanted as a "special payment" rather
than as a raise which would apply to all public sector
employees.
About 55 percent of workers in the private and public sectors
are members of unions. Police and military personnel are
prohibited from joining unions or striking, but they may form
associations to represent them in matters of pay, working
conditions, and general welfare.
The right to strike is freely exercised in both the public and
private sectors. The Industrial Relations Act of 1990
prohibits retribution against strikes and union leaders; the
Government effectively enforces it through the Department of
Enterprise and Employment. A 2-week strike by employees of the
state-owned Electricity Supply Board in the spring of 1990 led
the Labor Relations Commission to draft a code of conduct for
industrial relations in essential services. The Ministry of
Enterprise and Employment promulgated the code in July.
Negotiations between business and labor on the code's
implementation were in progress at year's end. There are no
restrictions on civil liberties which affect unions.
The Irish Congress of Trade Unions (ICTU), which represents
unions in both the Republic and Northern Ireland, has 88 member
unions with 678,800 members. Both the ICTU and the
unaffiliated unions are independent of the Government and the
political parties. Unions may freely form or join federations
or confederations and affiliate with international bodies. The
ICTU is affiliated with the European Trade Union Confederation.
b. The Right to Organize and Bargain Collectively
Labor unions have full freedom to organize and to engage in
collective bargaining. Legislation prohibits antiunion
discrimination. The Anti-Discrimination in Pay Act of 1974 and
the Employment Equality Act of 1977 make the Employment
Equality Agency responsible for oversight of disputes over
allegations of discrimination. If the Agency is unable resolve
such disputes amicably, the Labor Court becomes responsible for
doing so. The Unfair Dismissals Act of 1977 requires employers
guilty of antiunion discrimination to reinstate workers fired
for union activities.
Most terms and conditions of employment are determined through
collective bargaining, which took place in 1993 in the context
of a national economic pact, Program for Economic and Social
Progress (PESP), negotiated by representatives of unions,
employers, farmers, and the Government. The PESP included an
agreement between the Congress of Trade Unions and the
Federation of Irish Employers establishing standard pay
increases for the 3-year period of its duration. The agreement
also provided for a one-time wage increase of up to 3 percent
to be negotiated at local level during the second year of the
PESP.
The Industrial Relations Act of 1990 established the Labor
Relations Commission which provides advice and conciliation
services in industrial disputes. The Commission may refer
unresolved disputes to the Labor Court. The Labor Court,
consisting of an employer representative, a trade union
representative, and an independent chairman, may investigate
trade union disputes, recommend terms of settlement, engage in
conciliation and arbitration, and set up joint committees to
regulate conditions of employment and minimum rates of pay for
workers in a given trade or industry.
There are no export processing zones.
c. Prohibition of Forced or Compulsory Labor
Forced labor is prohibited by law and does not exist in
practice.
d. Minimum Age for Employment of Children
The minimum age for employment is 14 years with the written
permission of the parents. Hours of employment are limited by
law for those 15 years of age to 8 hours per day and 40 hours
per week. Those from 16 to 17 years of age may work up to 9
hours per day and 40 hours per week. These provisions are
effectively enforced by the Labor Department.
e. Acceptable Conditions of Work
There is no general minimum wage legislation. However, some
workers are covered by minimum wage laws applicable to specific
industrial sectors, mainly those that tend to pay lower than
average wages. Although the lowest of these minimum wage rates
would not be sufficient to provide a decent living for a family
of four, additional benefits, including subsidized housing and
children's allowances, are available to low-income families.
Working hours in the industrial sector are limited to 9 hours
per day and 48 hours per week. Overtime work is limited to
2 hours per day, 12 hours per week, and 240 hours in a year.
As part of the National Economic Pact adopted in 1987, the
standard workweek has been reduced to 39 hours. The Labor
Department is responsible for enforcing four basic laws dealing
with occupational safety that provide adequate and
comprehensive coverage. There were no significant complaints
from either labor or management in 1993 regarding enforcement
of these laws.
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