Mot (7) Submitted By: Councillor F. Timmons Item ID: 47830
Date Submitted: 15/01/2016
”Following the Constitutional Convention calls for enhanced constitutional protection for economic, social and cultural rights In May 2014, SDCC Calls for the Government to enact same. In particular, the Convention called for explicit recognition in the Constitution of the right to housing; the right to social security; the right to essential healthcare; the rights of people with disabilities; linguistic and cultural rights; and rights covered in the International Covenant on Economic, Social and Cultural Rights. We agree to write to An Taoiseach asking for the Government to enact same.”
I would like to support the aim of the Economic, Social and Cultural (ESC) Rights Initiative to ensure that these rights, already committed to by Ireland through the ratification of the International Covenant on Economic, Social and Cultural Rights (ICESCR) in 1989, are rendered legally enforceable through our constitution. These rights include the right to housing; the right to social security; the right to essential healthcare; the rights of people with disabilities; linguistic and cultural rights.
The Economic, Social and Cultural (ESC) Rights Initiative is a network of 22 organisations and individuals with a shared belief that increased protection of Economic Social and Cultural rights in Irish law would contribute to a more just, inclusive and equal society. Made up of groups such as Amnesty International Ireland ,National Women’s Council of Ireland , Irish Council for Civil Liberties , Focus Ireland , Children’s Rights Alliance , Age Action , Pavee Point , Disability Federation of Ireland and the European Anti-Poverty Network.
Some examples of Ireland’s failure to meet some of these rights we have 1,800 children homeless, 90,000 plus in need of housing and other huge housing needs. 105 people were sleeping rough across the Dublin region on the night of 14 April – I strongly believe that the right to a home should be in our constitution, by putting Economic Social and Cultural rights into Irish law we can start and aim to build a fairer and equal Ireland.
The Constitutional Convention recommended by an overwhelming majority of 85%, to the Government, that Economic, Social and Cultural (ESC) Rights be given enhanced protection in the Constitution. I welcome this recommendation.
The Economic, Social and Cultural (ESC) Rights Initiative calls on the Government to accept the Constitutional Convention’s recommendation.
The recommendation has presented Ireland with a unique opportunity to take a significant step towards fulfilling its international human rights obligations and to ensure that all human rights, civil and political as well as economic, social and cultural, are granted equal protection by the Constitution. It would also ensure that Ireland keeps pace with the growing international trend towards according constitutional protection to these fundamental human Rights.
As we hear a lot about a recovery I feel this recovery must be for everyone and as we approach a general election I would ask all parties and Independent’s to commit to a referendum on this early on in the life of the next Dail.
If further examination of this issue is deemed necessary, for example through the establishment of a working group to consider the implications of constitutional incorporation of these rights and to formulate the appropriate wording for a referendum bill, I urge that such a process be quickly put in place in the early days of the next dail. I would urge that any such further examination process should:
– Be open and transparent;
– Draw on internal analysis of relevant Departments, as well as external expertise, including from civil society organisations;
– Have a clear and public terms of reference;
– Have a defined timeframe for reporting;
– Be mandated to make public its findings and reasoning.
