A Deep Dive into Human Rights in Ireland

When exploring the issue of human rights within the context of Ireland, it reveals a complex tapestry woven from historical struggles, legislative progress, and ongoing social challenges.

As part of my work on 'A Magdalene Rose', I shall be examining the issue of human rights in Ireland, so as to help our understanding of the evolution and current state of human rights in Ireland, with particular attention to the legal frameworks, societal attitudes, and the role of advocacy in shaping the landscape.

It is within this framework that we can perhaps appreciate the nuanced interplay between tradition and modernity, as well as the persistent efforts to uphold dignity and justice for all individuals residing in the country.

Ireland Human Rights Overview: Historical and Legal Foundations

Ireland’s commitment to human rights is deeply rooted in its history, marked by a long journey from a colonial past to sovereign statehood. The 20th Century foundation for that state and its aspirations to create an equal society can be found in the Poblacht na h'Éireann - the declaration of independence, made on Easter Monday, 1926. Upon the establishment of the Irish Free State and the Civil War, the Irish Constitution, Bunreacht na hÉireann, enacted in 1937, served and continues to serve as the cornerstone of the nation’s legal protections for fundamental rights. It enshrines a range of civil liberties, including freedom of speech, religion, and assembly, alongside protections against discrimination.

In addition to the Constitution, Ireland is a signatory to numerous international human rights treaties, such as the European Convention on Human Rights (ECHR) and the International Covenant on Civil and Political Rights (ICCPR). These instruments have been incorporated into domestic law, thereby reinforcing the legal framework that safeguards individual freedoms and equality.

The establishment of the Irish Human Rights and Equality Commission (IHREC) in 2014 marked a significant institutional advancement. This independent body is tasked with promoting and protecting human rights and equality, providing a mechanism for redress and advocacy. Its role extends to advising the government on policy and legislative matters, endeavouring as it does, to ensure that Ireland’s obligations under international law are met.

The Oireachtas (The Irish Parliament Building), Dublin.

The Role of Social Movements and Advocacy in Shaping Rights

Throughout Ireland’s modern history, social movements have played a pivotal role in advancing human rights. From the campaigns for women’s suffrage in the early 20th century to the more recent struggles for marriage equality, reproductive rights, and Magdalen Laundry grassroots activism, has been instrumental in challenging entrenched norms and influencing public policy.

The landmark referendum in 2015, which legalised same-sex marriage, exemplifies the transformative power of collective action. This event not only reflected a shift in societal attitudes but also underscored the importance of legal recognition in affirming the dignity of all citizens; the words of the Taoiseach, Enda Kenny, spoke to this momentous decision:

"In the privacy of the ballot box, the people made a public statement. With today's vote we have disclosed who we are. We are a generous, compassionate, bold and joyful people who say yes to inclusion, yes to generosity, yes to love, yes to gay marriage".

Similarly, the repeal of the Eighth Amendment in 2018, which had effectively prohibited abortion, was the result of sustained advocacy by a coalition of civil society groups, healthcare professionals, and affected individuals. This change has had profound implications for women’s autonomy and health rights in Ireland.

It is within this context that the ongoing discourse around human rights in Ireland must be understood—not merely as abstract legal principles but as lived realities shaped by persistent engagement and struggle.

Frank Brehany standing outside The Oireachtas (The Irish Parliament) after meeting with Senators

What Problems Does Ireland Face Today?

Despite significant progress, Ireland continues to confront a range of human rights challenges that demand attention and action. One of the most pressing issues is the treatment of asylum seekers and refugees. The country’s immigration policies and the conditions within direct provision centres have been widely criticised for failing to meet basic standards of dignity and care.

Moreover, economic inequality remains a barrier to the full realisation of social and economic rights. Access to affordable housing, healthcare, and education is uneven, disproportionately affecting marginalised communities. The housing crisis, in particular, has led to increased homelessness and insecurity, raising questions about the state’s obligations to protect the right to adequate shelter. Another aspect relating to housing concerns can be found through the actual construction of housing, through the "mica" scandal and the fight for justice.

Discrimination on the grounds of ethnicity, gender, and sexual orientation persists, despite legal protections. Reports of hate crimes and systemic bias highlight the need for continued vigilance and proactive measures to foster inclusion and respect.

The battle for respect for the individual and their families, stemming from Ireland's Industrial Schools, Mother and Baby Homes, Magdalen Laundries, questionable adoption systems, boarding-out of children, medical trials on women and children and discrimination against traveller and mixed-race Irish children from these same institutions and practices, continue unabated despite the delivery of redress schemes. Many are now engaged in securing justice through seeking the right to truth, hunger-strikes, speaking out for the excluded or for those resting, unaccounted for, within the grounds of Ireland's former Institutions.

The intersection of these issues illustrates the complexity of human rights in Ireland today, where legal frameworks must be complemented by effective implementation and societal commitment.

Practical Recommendations for Enhancing Human Rights Protections

Addressing the multifaceted challenges requires a comprehensive approach that combines legislative reform, public education, and community engagement. The following recommendations offer a pathway towards strengthening human rights protections in Ireland:

1. Reassessment of all Institutional Redress Schemes. Given the range of the schemes and their contradictions, a review and equalisation of the transitional justice offered through those schemes, would bring about a greater healing to those who suffered from gross human rights violations.

   
   

2. End the exclusion of Institutional victims & survivors. Steps should be taken to bring about the conditions that ends the exclusion of any individual from any of Ireland's Institutional Redress Schemes. This would end this long-running sore of injustice and begin the recognition and resolution to those human rights abuses that were experienced.

   
   

3. Remembrance of the 'Invisible Dead'. The State needs to reverse its exclusion of all those victims and survivors who were excluded (or their estates were excluded), from accessing Redress because they died before a State Apology was given. A new vision or solution through an 'in memoriam' payment should be created, to recognise the many thousands of victims and their families.

   
   

4. Deliver the 'Right to Truth' for all Institutional Victims, Survivors & their Families. The Irish State should deliver upon existing Institutional Redress schemes, the Right to Truth, and a demonstrable 'non-recurrence' or 'never again', through the delivery of uncomfortable truths of why this happened to so many Irish women and children, beginning through the work of the proposed National Centre for Research & Remembrance, along with current Institutional reform.

5. Reform of Direct Provision System: Transitioning from the current model to one that respects the dignity and autonomy of asylum seekers, including access to work, education, and adequate living conditions.

   
   

6. Affordable Housing Initiatives: Implementing policies that increase the supply of social and affordable housing, alongside support services for those experiencing homelessness.

   
   

7. Strengthening Anti-Discrimination Measures: Enhancing legal frameworks to address hate crimes more effectively and promoting diversity training across public institutions.

   
   

8. Public Awareness Campaigns: Educating the broader population about human rights principles and the importance of inclusion, thereby fostering a culture of respect and empathy.

   
   

9. Support for Advocacy Groups: Providing resources and platforms for civil society organisations that work to protect and promote human rights, ensuring their voices influence policy decisions.

   
   

By adopting such measures, Ireland can continue to build on its achievements and address the gaps that remain in the protection of fundamental rights.

The Continuing Journey of Human Rights in Ireland

The narrative of human rights in Ireland is one of ongoing evolution, marked by both triumphs and trials. It is a testament to the resilience of individuals and communities who have sought justice and equality against considerable odds. As the country navigates contemporary challenges, the commitment to upholding human dignity remains paramount.

For those interested in exploring these themes further, my work offers invaluable insights into Ireland's Institutional, Consumer & social issues that shape not just Ireland but the whole of Europe today. My books and articles provide I hope, a compelling voice for consumer rights and human rights activism, contributing to a richer understanding of a nation’s social fabric.

In reflecting on this journey, it becomes clear that the protection and promotion of human rights are not static achievements but dynamic processes requiring continual effort, vigilance, and solidarity.

Plaque commemorating the thousands of Irish Women who were incarcerated in Ireland's Magdalen Laundries along with remembering their children. The plaque is found on a bench in St. Stephens Green in Dublin.