3rd July 2008
Going South
Human Rights, Equality and Discrimination
Everyone who lives or works in Ireland has the same rights under equality and anti-discrimination laws. This booklet outlines relevant Irish legislation relating to Human Rights and Equality as well as organisations which have been established to protect and promote these rights.
What are Human Rights?
Human rights are a body of legal obligations contained in treaties and legislation. The Human Rights Commission Act, 2000 defines Human Rights as;
(a) The rights, liberties and freedoms conferred on, or guaranteed to, persons by the Constitution, and
(b) The rights, liberties or freedoms conferred on, or guaranteed to, persons by any agreement, treaty or convention to which the State is a party.
These treaties are agreed by international organisations such as the United Nations and the European Union, and are signed and ratified by member states.
Under the Good Friday Agreement the Irish Government was charged with ensuring at least an equivalent level of protection of human rights is afforded in the Republic as exists in Northern Ireland. The European Convention on Human Rights was incorporated into Irish Law on 1 January 2004.
The European Convention on Human Rights
The EU Charter of Fundamental Rights lists the civil, political, social and economic rights which are recognised by the European Union (EU). These rights are listed under the headings of Dignity, Freedoms, Equality, Solidarity, Citizens’ Rights, and Justice and there are specific principles which apply to specific groups such as older people, children and people with disabilities. The main rights set out in the Charter are as follows:
Dignity
This heading covers human dignity, the right to life, the right to integrity of the person, the prohibition of torture and inhuman or degrading treatment or punishment, and the prohibition of slavery and forced labour.
Freedoms
This heading includes the right to liberty and security; respect for private and family life; the protection of personal data; the right to marry and have a family; freedom of thought, conscience and religion; freedom of expression and information; freedom of assembly and association; freedom of the arts and sciences; the right to education; the freedom to choose an occupation and the right to engage in work; the freedom to conduct a business; the right to property; the right to asylum; and protection in the event of removal, expulsion or extradition.
Equality
This heading covers equality before the law; non-discrimination; cultural, religious and linguistic diversity; equality between women and men; the rights of the child; the rights of older people; the integration of people with disabilities.
Solidarity
This heading covers workers’ right to information and consultation within the undertaking; the right of collective bargaining and action; the right of access to placement services; protection in the event of unjustified dismissal; fair and just working conditions; the prohibition of child labour and the protection of young people at work; family and professional life; social security and social assistance; health care; access to services of general economic interest; environmental protection; and consumer protection.
Citizens’ Rights
This heading covers the right to vote and to stand as a candidate at elections to the European Parliament; the right to vote and to stand as a candidate at local elections; the right to good administration; the right of access to documents; the European Ombudsman; the right to petition the European Parliament; freedom of movement and of residence; and diplomatic and consular protection.
Justice
This heading covers the right to an effective remedy and to a fair trial; the presumption of innocence and the right of defence; the principles of the legality and proportionality of criminal offences and penalties; and the right not to be tried or punished twice in criminal proceedings for the same criminal offence.
The Irish Constitution
The Irish Constitution recognises and declares that people living in Ireland have certain fundamental personal rights.
Your constitutional rights include:
The Irish Human Rights Commission
The Irish Human Rights Commission is an independent body set up under the Human Rights Commission Act 2000 and Human Rights Commission (Amendment) Act 2001. The Commission was established as a result of a commitment under the provisions of the Good Friday Agreement 1998.
The function of the Commission is to promote and protect human rights in Ireland and ensure that Irish law and practice of the Irish state is in line with international agreements and the Irish Constitution. The Commission is also responsible for;
• Keeping under review the adequacy and effectiveness of law and practice in Ireland relating to human rights
• Consulting with relevant national and international bodies around human rights issues
• Making recommendations to Government on measures to strengthen protect and uphold human rights in Ireland
• Promoting understanding and awareness of the importance of human rights
• Offering expertise in human rights law to the Irish courts
• Conducting enquiries into possible human rights abuses in Ireland
• Taking legal proceedings to vindicate human rights in Ireland
• Providing legal assistance to people taking legal proceedings involving issues of human rights. (This is subject to certain conditions)
The Good Friday Agreement also made provisions for the establishment of a joint committee comprising members of both the Northern Ireland Human Rights Commission and the Irish Human Rights Commission. The committee meets alternatively in Dublin and Belfast to consider human rights issues on the island of Ireland. This includes cross-border issues such as migration and racism and the possibility of establishing an all-island Charter of Rights.
For advice or assistance on human rights issues in Ireland contact:
Irish Human Rights Commission
4th Floor
Jervis House
Jervis Street
Dublin 1
Tel: (01) 858 9601
http://www.ihrc.ie
Equality
You may not be discriminated against on grounds of gender, marital status, family status, age, race, religion, disability, sexual orientation or membership of the Traveller community. The non-discrimination legislation applies to all aspects of employment including the recruitment process and access to training. You may get further information and assistance from the Equality Authority.
The Equality Authority
The Equality Authority is an independent state body in Ireland set up to ensure that all citizens in the country are treated equally and to ensure that discrimination on certain grounds does not occur.
The Employment Equality Act 1998 and the Equal Status Act 2000 as amended by the Equality Act 2004 outlaw discrimination in employment, vocational training, advertising, collective agreements, the provision of goods and services and other opportunities to which the public generally have access. Specifically, service providers, agencies, and any person providing opportunities to which the public have access, cannot discriminate against citizens on nine distinct grounds.
These grounds are:
- gender
- marital status
- family status
- sexual orientation
- religion
- age (does not apply to a person under 16)
- disability
- race
- membership of the Traveller community.
The Equality Authority
Clonmel Street
Dublin 2
Tel. (01) 4173333
Lo-call 1890 245 545
www.equality.ie
Employment Equality Act
The main aims of the Employment Equality Act are as follows:
- Promote Equality
- Prohibit discrimination (with some exemptions) across nine grounds
- Prohibit sexual harassment and harassment
- Prohibit victimisation
- Require appropriate measures for people with disabilities in relation to access, participation and training in employment
The Equal Status Acts prohibit discrimination in the provision of goods and services, accommodation and education.
Both acts Allow positive action measures to ensure full equality in practice across the nine grounds;
- Advertising
- Equal pay
- Access to employment
- Vocational training and work experience
- Terms and conditions of employment
- Promotion or re-grading
- Classification of posts
- Dismissal
- Collective agreements
Employment Rights
If you work in the Republic of Ireland you will normally have the following basic rights:
- to be paid the National Minimum Wage
- not to have unlawful deductions from your wages
- to working hours and holidays in line with legislation
- to join a Trade Union
- to Health and Safety protection
- rights relating to pregnancy
(Further information on your rights as a worker can be found from our Going South – Work booklet)
National Employment Rights Authority (NERA)
NERA Information Services provide information on rights and entitlements under employment legislation, apart from employment equality. There is a range of employment rights publications.
NERA Inspection Services are responsible for enforcing certain employment laws and Employment Regulation Orders and Registered Employment Agreements. NERA also carries out inspections and gathers information in relation to other employment laws. For example, employees or interested parties may ask for an inspection in relation to the protection of young people in employment.
NERA Enforcement and Prosecution Services Their role is to ensure the compliance and enforcement of employment rights legislation.
National Employment Rights Authority
O'Brien Road
Carlow
Ireland
Tel: (059) 917 8900
What is discrimination?
The act of discrimination involves treating someone less favourably than someone else has been, or would be, treated in employment matters for a reason not connected to that person's ability to do the job, for example, because of their religious beliefs or political opinions, sex, race or disability. Discrimination does not have to be obvious or direct. It is unlawful for an employer to discriminate on any of the nine grounds list above either:
· directly;
· indirectly - where an employment practice has a disproportionate adverse affect on a group;
· by victimisation - treating a person less favourably because, for example, they have been involved in proceedings under the legislation.
Further information is available by contacting the equality authority:
You may complain to the Equality Tribunal if you consider that you are suffering discrimination. Generally, you should make the complaint within six months. You may appeal an Equality Tribunal decision to the Labour Court.
Equality Tribunal
3 Clonmel Street
Off Harcourt Street
Dublin 2
Tel. (01) 477 4100
Lo-call 1890 34 44 24
www.equalitytribunal.ie
© NIACAB (Northern Ireland Association of Citizens Advice Bureaux)