IHREC Comments on Ireland’s 16th National Report on the implementation of the European Social Charter

10th June 2019

In October 2018, the Government of Ireland submitted its 16th National Report to the European Committee of Social Rights on the implementation of the European Social Charter from January 2014 to December 2017. This National Report is focused on the accepted provisions in thematic Group 4, ‘Children, Families and Migrants’.

IHREC has published its response to the National Report of the Government of Ireland, providing additional information on the protection of human rights and equality in Ireland during the period.

While the response covers a range of Articles, the examination of Article 17 is of particular relevance to the work of IPRT. Under Article 17, para 1 ‘The provision of care and assistance to children’, IHREC examines the current provisions for children in conflict with the law. IHREC’s concerns include:

• The absence of any clear commitment or timeline for raising the age of criminal responsibility.
• The reported delays in the operation of the Diversion Programme and that the complex needs of children deemed ‘unsuitable’ for inclusion are not being met.
• The need for additional training for all Garda members on engaging with children in conflict with the law and diversion.
• Inadequate procedures and protections to ensure that the rights of all children in conflict with the law are guaranteed, including their right to a speedy and adapted trial regardless of the nature of the alleged or proven offence.
• While a new national policy on single separation was introduced in 2017, no legislative measures have been adopted to give effect to this recommendation.

To read IHREC Comments on Ireland’s 16th National Report on the implementation of the European Social Charter in full, visit the IHREC website here.

For more on IPRT's work on youth justice, visit iprt.ie/youth-justice