A birthday greeting…

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Happy Human Rights Day from Equality & Rights Alliance (ERA)!

On December 10th, the world will celebrate International Human Rights Day and the 60th anniversary of the Universal Declaration of Human Rights (UDHR).

But, instead of lighting the candles on the birthday cake Ireland is busy putting them out.

Budget decisions are being finalized to make The Equality Authority and the Irish Human Rights Commission unviable. There will be no real support for people who experience discrimination or inequality from next year on.

Tell the Government that you want to celebrate your rights, dignity and equality.

Click the button above to sign the petition to oppose plans to dismantle equality and human rights protection in this birthday year.

Ireland can’t afford cuts to equality and human rights. Not now. Not ever. Equality & Rights Alliance is a coalition of 71 civil society organizations working to enhance and protect equality, human rights and social justice.

The UDHR was developed in the aftermath of the Second World War in 1948 and was the first global statement of the inherent dignity and equality of all human beings. It provides a common global standard and is effectively a contract between all governments and their peoples.

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If you’ve woken up, sign up…

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 in the new year.

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/

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MORE TO EQUALITY CUTS THAN MEETS THE EYE?

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?

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 20^th 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 31^st 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

25^th 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.

2^nd 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.

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Equality and rights matter to everyone

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

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Response to statements by the Minister for Justice, Equality and Law Reform, 13 Nov 2008

Equality & Rights Alliance
www.eracampaign.org

Update Briefing - Inaccuracies and Consequences

A. Response to Statements made in Dáil Eireann by Minister for Justice, Equality and Law Reform Dermot Ahern T.D. on 13th November 2008. (From Annual Reports and information of ERA members who are partners in initiatives)

1. “The Equality Authority was established in 1997 with an annual budget of €378,000. It now has an annual budget of €5.9 million” according to the Minister.

The Equality Authority was established on 19th December 1999. The annual budget of €378,000 therefore covered just two months of operation.

A better comparison would be the annual budget for the Equality Authority in 2001, the first year of full operation of the Equality Authority. In 2001 the Equality Authority had a budget of €3,787,000. The budget proposed for 2009 is €3, 333,000 - less than the start-up budget.

2. (The Equality Authority) is paying an annual rent of €402,000 for its premises on Harcourt Street. If I remember correctly it spends a further €30,000 or €40,000 on parking, according to the Minister.

The rental for the Equality Authority in Clonmel Street is €402,500, including fifteen parking spaces in the basement. This premises was actually secured by the OPW and the Department of Justice, Equality and Law Reform for the Equality Authority.

The Equality Authority is being required to leave this premises as it is to be occupied by the Office of the Minister for Children - no savings therefore for the tax payer.

3. Funds are still being provided to those involved with the 2007 European Year of Equality. Savings in this regard could yield €320,000 according to the Minister.
The Equality Authority ran an initiative during 2007 European Year of Equal Opportunties. An indication of its success is that the European Commission has made further funding available to the Equality Authority to implement further activities to build on the Year in Ireland. This legacy action plan will cost €382, 400. €300,000 of this funding is being made available by the European Commission under their PROGRESS fund. In order to benefit from this European money, the Equality Authority will have to spend €82,400. It’s impossible to figure how €320,000 can be saved out of this.

4. The Authority engaged in a costly and controversial once-off Anti-Ageism campaign. The campaign cost €230,000 according to the Minister.

The Equality Authority has run a ‘Say No To Ageism’ Week for last 5 years jointly with the HSE and the National Council on Ageing and Older People. Each partner contributes to funding the week. The Week cost €255,454 in 2008. The Equality Authority paid €105,454 as its contribution.

B. Irish Human Rights Commission - Impact of 24% Budget Cut

1. The recently published estimates figures indicate a proposed 24 % cut in the Commission’s Grant for 2009 to approximately €1.6m from 2.1m. This makes the Commission unviable.

2. The proposed cut directly contradicts the recent call by the UN Human Rights Committee (July 2008) to adequately resource the Commission.

3. The Commission has 17 permanent staff and this year. Given that payroll costs are €1.5m and that annual rent and other administrative costs come to €0.5m it is clear that an allocation of €1.6m would be insufficient to allow the Commission continue to survive let alone to exercise its statutory functions

4. The Irish Human Rights Commission was established because the British and Irish Governments promised under the Good Friday/Belfast Agreement to set up two such Human Rights Commissions - one in Northern Ireland and one in this jurisdiction

5. The Belfast/Good Friday Agreement received the backing of the people of Ireland, north and south. In that sense the Irish Human Rights Commission and its counterpart, the Northern Ireland Human Rights Commission, are unusual in having been endorsed directly by the people. It is therefore a key part of the peace agreement and has an ongoing relevance in both parts of the island

6. Some examples of the kind of work undertaken by the Commission since its establishment in 2003 include pressing for the inclusion of extra protection of victims of trafficking in the Immigration Bill currently before the Oireachtas, raising human rights issues in the courts on for example effective access for legal aid for mothers with intellectual disability in childcare proceedings, and family reunification for naturalised citizens. The Commission’s work has often focussed on the rights of vulnerable and marginalised groups.

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Wake up to the attack on families

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

Wake up to the attack on families

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Wake up to the attack on Gay and Lesbian people

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

Wake up to the attack on Gay and Lesbian people

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Wake up to the attack on Workers

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

Wake up to the attack on Workers

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Wake up to the attack on Ethnic Minorities

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

Wake up to the attack on Ethnic Minorities

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Wake up to the attack on people with disabilities

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

Wake up to the attack on people with disabilities

Posted in News