Ireland Can't Afford Cutbacks in Equality and Rights

If you’ve woken up, sign up…

Wednesday, November 19th, 2008

An online petition has been created to register your support for the ERA campaign to protect Human Rights and Equality in Ireland.  The petition will be presented on International Human Rights Day, which this year marks the 60th Birthday of the Universal Declaration on Human Rights.

Senator Norris calls time on Minister Ahern's attacks on Equality and Rights

Senator Norris calls time on Minister Ahern

As ever, we need your support to spread the word and have people sign the petition; put it in your facebook, your bebo, your myspace or your website.  With the power of people and their online (and offline) social networking, we can send a strong message to the whole Government.

Petition URL for Social Networking:  http://www.ipetitions.com/petition/erapetition/

Posted in News, Support

MORE TO EQUALITY CUTS THAN MEETS THE EYE?

Wednesday, November 19th, 2008

MORE TO EQUALITY CUTS THAN MEETS THE EYE?

This is a review of Equality Authority Annual Reports 2005, 2006 and 2007.  They are available on the equality website www.equality.ie.

This review focuses specifically on casesfiles supported by the Equality Authority against the public sector under the Equal Status Acts and the Employment Equality Acts.

Could there be a correlation between these casefiles and the Budget actions against the Equality Authority particularly?

2007

2006

2005

Total casefiles under Equal Status Acts

328

366

358

Casefiles against public sector under Equal Status Acts

· Government Departments

· State Agencies

· Local Authorities

· Educational Establishments

225

(69%)

48

65

51

61

218

(60%)

46

59

56

57

195

(54%)

40

48

43

64

Total Casefiles under Employment Equality Acts

360

404

359

Casefiles against public sector under Employment Equality Acts

175

(49%)

169

(42%)

152

(42%)

Casefiles of Note vs Public Sector

1. 2005 Annual Report

(a) Equal Status Acts

· four settlements in cases taken on accommodation issues against local authorities by members of the Traveller community (p.38).

· settlement of a case taken on behalf of two children against the Department of Education and Science following the refusal by the Department to provide a July programme for the most severely disabled students of Enable Ireland in Sandymount (p. 42).

Note: the Annual Report also refers to the Judgement of Justice Mary Collins in the District Court on 20th February 2004 that Portmarnock was a discriminating club (p.43).

(b) Employment Equality Acts

· John Gillen vs Minister for Health and Children – a Labour Court appeal – Labour Court upheld funding of discrimination against the Department of Health and Children on the age ground on the basis Mr. Gillen was over 50 (p.29).

2.  2006 Annual Report

(b) Equal Status Acts

· Two Complainants vs Department of Education and Science. The Equality Tribunal found that the Department discriminated against the two complainants for annotations on their Leaving Certificates in relation to reasonable accommodation that was made in relation to their dyslexia (p.23).

· A Complainant vs Department of Social and Family Affairs. A case was settled where a gay man took a case of discrimination against the Department because they refused to pay an adult dependent allowance for his partner under the claimant’s invalidity pension. The claimant had a terminal illness and his partner had taken unpaid leave from work to care for him. His partner had to return to work on foot of this refusal. The case was settled on foot of a Government decision to process the application on a without prejudice basis (p.30).

· In Doherty vs South Dublin County Council. Minister for the Environment, Heritage and Local Government, Ireland and the Attorney General the Equality Authority was invited by the applicants to appear as an amicus curiae. This was opposed by the respondents (the Department of Justice, Equality and Law Reform played a lead role in advising those against whom the case was taken as the relevant Government Department for ‘Ireland’). However, the High Court was satisfied the Equality Authority had a bona fide interest in the matter. The respondents appealed this to the Supreme Court. On 31st October 2006, Mr. Justice Fennelly delivered the majority judgement and dismissed the appeal stating that in the case “the Authority has the statutory authority to apply to act and, if permitted by the court, to act as amicus curiae” (p.39).

· The provision of accommodation to three Traveller families on foot of settlement of complainants against three local authorities.

3.  2007 Annual Report

(a) Equal Status Acts

· A complainant vs State Examination Commission and Department of Education and Science. This case was taken by a transsexual woman. It was settled when the State Examination Commission agreed to reissue her Leaving Certificate and Group Intermediate Certificate in the legal name of the complainant  (p.28)

· A complainant v a local authority. A local authority was ordered to pay maximum compensation and construct an extension to a local authority dwelling suitable to the needs of a child with autism or to rehouse the family in alternative suitable accommodation (p.30).

· Two complainants vs Department of Education and Science. On appeal the Circuit Court found that the Department had not discriminated against two pupils with dyslexia because their Leaving Certificate were annotated. This is under appeal to the High Court (p.41).

· Mr. Edward Reilly v Health Service Executive. The complainant was found to have been discriminated against on the Traveller ground when he was obliged to attend a central unit in Dublin which deals with payments of Supplementary Welfare Allowance to Travellers instead of being able to attend his local health centre (p. 46).

(b) Employment Equality Acts

· Boyle vs Department of Justice, Equality and Law Reform. The complainant claimed discrimination by An Garda Siochana when his application was turned down as he was over the age limit of 35 years – the case fell as the Equality Tribunal refused extension of the time limit (p.36).


4.  2008 Media Coverage

25th February 2008

€60,000 awarded against Revenue Commissioners for discrimination in promotion on age ground against John Fagan. The Tribunal found that all promotion procedures should now be reviewed in civil service. Case supported by Equality Authority.

2nd March 2008

Sunday Independent reveal four top gardai have written to the Equality Authority alleging discrimination in the force because they must retire at 60.

Posted in News

Equality and rights matter to everyone

Wednesday, November 19th, 2008

The ERA today highlights the effect the Government’s cuts to Equality and Rights bodies will have on everyone in Irish society, as part of its nine day campaign on Equality and Rights.

Equality and rights matter to everyone

Posted in News

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