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Ireland in breach of five provisions of the European Social Charter January 25, 2017

Posted by Tomboktu in Collective Bargaining, Council of Europe, Employment Rights, Equality, Women's rights.
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Ireland is in breach of five human rights provisions under the European Social Charter, the Council of Europe announced today.

Breaches were found on workers’ rights and on the rights of people with disabilities. The findings were announced by the European Committee of Social Rights, an independent body set up to assess legal compliance with the human rights in the Charter.

Ireland breaches the right of workers to earn their living in an occupation they freely enter in for three reasons:

  • the maximum compensation in discrimination cases (other than gender discrimination) is too low to make good the loss suffered and to be dissuasive;

  • foreign workers can face discrimination in getting employment in the public service;

  • army officers cannot resign their commission early unless they repay part of the cost of their education and training, and the decision to grant early retirement is left to the discretion of the Minister of Defence, which could lead to a period of service which is too long.

Ireland also breaks workers’ rights because it does not guarantee that overtime work must be paid at a higher rate.

Migrant workers’ rights are breached because the fees to obtain work permits are excessive, the Committee ruled.

The Committee also found that the length of time after recruitment during which a worker can be dismissed is too long. Under the Unfair Dismissals Act, workers are protected against dismissal in limited circumstances during their first year with an employer.

People with disabilities are denied access to technical aids, communication, transport, housing as well as to culture and leisure activities, the Charter’s supervisory body found. This breaches the right of people with disabilities to integration and participation in the life of the community under article 15.2 of the Charter.

The European Charter of Social Rights is the counterpart to the European Convention on Human Rights. Ireland was previously found to be in breach of the Charter because of the extent of the ban on Garda representative bodies taking part in industrial relations procedures, including pay negotiations and membership of Congress. The Government has announced that it will publish a bill to rectify this breach.

Ireland was found to be in conformity with 11 other provisions that were ruled on today. Among these is an article on the right of men and women to equal opportunities. The Committee deferred decisions on five other provisions because the government had not provided enough information for the Committee to assess the situation.

The situations in 34 countries were examined by the Committee. The Committee in particular expressed its concern on equal opportunities between men and women as well as on the protection against discrimination due to disability and in employment due to sexual orientation.

The full text of the Conclusions 2016 for Ireland are here (PDF, 42 pages): hudoc.esc.coe.int/app/conversion/pdf?library=ESC&id=CR_2016_IRL_ENG&filename=CR_2016_IRL_ENG.pdf

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Comments»

1. GW - January 26, 2017

This is a clear attack by an unelected body on the rights of ‘the people’ or ‘the nation’ to discriminate against workers and people with disabilities as they see fit.

Another argument for Irexit.

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2. GW - January 26, 2017

Seriously – well done to whoever took this case to court.

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Tomboktu - January 26, 2017

For clarity, the Conclusions are not based on a case taken by individuals or a group. When Ireland ratified the Charter, part of the deal was that it will report to the Committee and that the Committee will assess legal compliance.

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GW - January 26, 2017

Thanks Tomboktu – you learn something new every day.

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