Human Rights and One-Parent Families - An introduction to human rights and how they can be used to advance the rights of one-parent families in ...
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Human Rights and One-Parent Families An introduction to human rights and how they can be used to advance the rights of one-parent families in Ireland Foreword by Mary Robinson A can* publication
Contents What other areas are of concern in
Ireland?........................................................15
How can the CRC be used to support one-
parent family issues? ..................................16
Acknowledgements ................................iv
Part 4: The International Covenant on
Foreword ................................................ 1
Economic, Social and Cultural Rights
Introduction ............................................ 2 (ICESCR) ............................................... 17
Aim of the booklet .........................................2 What is ICESCR? .........................................17
What are international human rights? ........2 What is its status in Ireland? ......................18
What are the key United Nations human Where is Ireland in breach of the
rights treaties? ..............................................2 Convention? ................................................18
What are European conventions? .................3 How can the ICESCR be used to support
How are conventions enforced?....................3 one-parent family issues? ..........................19
Part 1: A Human Rights-based Approach5 Part 5: The International Convention on
What is a human rights-based approach? ..5 the Elimination of All Forms of Racial
What is a rights-based approach to Discrimination (ICERD)......................... 20
development? ................................................5 What is ICERD? ...........................................20
Why are human rights important in anti- What is its status in Ireland? ......................20
poverty lobbying work? .................................6
What relevant recommendations have been
What is the Relevance of Human Rights to
made by the United Nations? ....................20
Lobbying on Behalf of One-Parent
Families? ......................................................7 How can ICERD be used to support one-
parent family issues? ..................................22
Part 2: The Convention on the Elimination
of All Forms of Discrimination Against Part 6: The European Convention on
Women (CEDAW) .................................... 8 Human Rights (ECHR) .......................... 23
What is the ECHR? ......................................23
What is CEDAW? ...........................................8
What is its status in Ireland? ......................10 What is its status in Ireland? ......................23
What relevant recommendations have How can the ECHR be used to support one-
been made by the United Nations? ............10 parent family issues? ..................................24
What other areas are of concern in Part 7: Using the Conventions to Develop
Ireland?........................................................10
Strategies and Arguments ................... 25
How can CEDAW be used to support one-
Conventions as lobbying tools ....................25
parent family issues? ..................................11
Lobbying the political system .....................26
Part 3: The UN Convention on the Rights
Using the UN reporting procedure ............27
of the Child (CRC) ................................. 13
Using the law to promote rights .................27
What is the CRC? .......................................13
What is its status in Ireland? ......................13 Conclusion ............................................ 28
Where is Ireland in breach of the Glossary of Human Rights Terms ......... 29
Convention? .................................................14
Further Information ............................. 30
HUMAN RIGHTS AND ONE-PARENT FAMILIES
iii
One FamilyAcknowledgements
One Family would like to thank Gráinne
O’Toole for her work in the development
of this publication.
One Family would also like to thank
Mary Robinson, the first president of the
organisation, for writing the foreword to
this booklet.
iv HUMAN RIGHTS AND ONE-PARENT FAMILIES
One Familyresponsibility to ensure that all Irish
Foreword citizens are equal under the law and
have an equal right to access to a fair
standard of living and opportunities
for development and growth. As I write
In the prosperous and vibrant Ireland of this, one-parent families in Ireland are
today it is easy to believe that equality three times more likely to live in poverty
for all is a given. Yet, in reality, one than other families and the definition of
in six families in Ireland still remain the family in law still remains that of a
disadvantaged – legally, financially
two-parent, married family. In Ireland,
and socially. When I became President
as in many parts of the world, a lack of
of Cherish (now One Family) in 1972,
basic human rights is often experienced
one-parent families were voiceless,
by those who are already the most
relegated to a role of silent and much
marginalised in society, women and
maligned underclass, overlooked by
children, and those living in poverty. It
policy-makers. Things were about to
is only when we as individuals and as a
change. With a unique ethos of self-
nation take responsibility for ensuring
help and self-empowerment, One
Family has always understood that the that all in our society experience basic
key to systemic and long-term change human rights that we will truly be an
is to empower people to change the example to the world.
world around them for themselves.
By providing accessible information
I am impressed with the sustained
on how international human rights
commitment to these principles over
conventions can best be used to
thirty four years, and the knowledge and
advance the rights of one-parent
experience which has been built up.
families, particularly in relation to
This booklet marks an important poverty and social exclusion, this
step towards acknowledging that the booklet advances the work of One
structural inequality and disadvantage Family in providing one-parent families
faced by one-parent families is not and those working with them with a
merely a problem of circumstance, but a powerful voice to call for change.
denial of basic human rights.
Human rights are often spoken about
in global terms, something that people
in other countries are denied. Yet, one
of the central concepts of human rights Mary Robinson
is that they are universal – applicable
to all. Ireland must grapple with its
HUMAN RIGHTS AND ONE-PARENT FAMILIES
1
One Family• inalienable – they cannot be
Introduction surrendered or given away, and
they cannot be denied to any human
being.
International human rights conventions
Aim of the booklet
guarantee a number of such rights,
This booklet is an introduction to key including the right to equality and
international human rights conventions protection from discrimination.
that have been ratified by the Irish
Government. It aims to provide easy
What are the key United
to understand information on how
such conventions can best be used Nations human rights
to advance the rights of one-parent treaties?
families, particularly in relation to
poverty and social exclusion. The primary human rights treaty is the
Universal Declaration of Human Rights,
Although individuals in one-parent adopted by the United Nations (UN) in
families will find this booklet useful, it is 1948. Since then, the UN has adopted
specifically aimed at one-parent family a large number of treaties in the area
groups and professionals working with of human rights. The UN human rights
one-parent families. treaties that have been ratified by the
Irish government include:
What are international • Convention on the Elimination of
human rights? All Forms of Discrimination Against
Women (CEDAW);
International human rights are a body • Convention on the Rights of the Child
of legal rights contained in international (CRC);
treaties. These treaties are agreed by
international organisations such as • International Covenant on Economic,
the United Nations and the Council of Social and Cultural Rights (ICESCR);
Europe, and are signed and ratified by and
states. International human rights are: • Convention on the Elimination of
• universal – they apply everywhere Racial Discrimination (CERD).
and to every human being; Other international treaties include the
• indivisible – political and civil rights UN Convention Against Torture (CAT)
cannot be separated from social and and the Covenant on Civil and Political
cultural rights; and Rights (ICCPR). Further details on these
2 HUMAN RIGHTS AND ONE-PARENT FAMILIES
One Familycan be found on the websites listed ECHR, although at a level below the
under ‘Further Information’ on page 30. Constitution. Cases taken under the
European Convention on Human Rights
International conventions do not are heard in the European Court of
become part of Irish law unless
Human Rights in Strasbourg.
the government brings in specific
legislation to give them effect in the
Irish courts. This is called incorporation. How are conventions
So far, none of these UN conventions enforced?
have been incorporated into Irish law.
Therefore, while lawyers can refer to All of the United Nations Human
rights under the conventions in legal Rights Conventions have committees
argument, they are not legally binding that monitor progress on their
in court. They can, however, be very implementation called Treaty
effectively used as a lobbying tool for Monitoring Bodies, or more commonly
policy change in an Irish context. The known as Oversight Committees. When
Government has committed itself to governments ratify a convention they
protecting and promoting the rights agree to report to the various Oversight
expressed in these conventions over Committees on the steps that they
time. Also, in relation to many of these have taken to implement convention
treaties, Ireland is obliged to submit rights at home. This is called the State
reports to UN expert committees on its Reporting System. Non-governmental
compliance at intervals of two to five organisations (NGOs) and other
years (see below). bodies such as national human rights
commissions and other international
bodies can also submit information for
What are European review by such a committee when it is
conventions? assessing a government’s compliance.
The Oversight Committees then
The European Convention on Human
issue Concluding Comments to the
Rights (ECHR) was adopted by the
government of the state concerned on
Council of Europe in 1950 and is the
their progress, which the government
main human rights treaty for Europe.
agrees to address.
The Council of Europe is an organisation
of 46 European States and predates Often, information from NGOs takes
the EEC or EU. The ECHR is the only the form of Shadow Reports that
convention that is directly enforceable provide a counter-balance to the state
in the Irish courts. The European report. NGOs can submit individual
Convention on Human Rights Act was shadow reports or can produce
enacted in 2003 to give effect to the joint reports through networks and
HUMAN RIGHTS AND ONE-PARENT FAMILIES
3
One Familyalliances. For example, in relation to equal remuneration for work of equal
the most recent national report under value, and equality in marriages and
CEDAW, the Women’s Human Rights family relationships. ICESCR has
Alliance coordinated and presented produced General Comments on the
the Irish shadow report. In the case equal right of all men and women to the
of the UNCRC, the Children’s Rights enjoyment of all economic, social and
Alliance coordinated the shadow report. cultural rights, the right to adequate
The Irish Human Rights Commission housing, and the economic, social and
also presents reports to the various cultural rights of older women.
committees as do other organisations,
for example, the Ombudsman for CEDAW, CERD and ICESRC also have
Children in the case of the UNCRC. a procedure whereby individuals and
groups can submit claims of violations
The relevant UN Committees also of rights protected by the conventions to
produce a number of what are called the committee. The committee can also
General Recommendations on initiate an enquiry procedure in cases of
issues that they consider need to be grave or systematic violations of rights
elaborated on in more detail than is under these conventions.
possible in the convention itself. For
instance, the CEDAW Committee has
produced general recommendations
on violence against women, statistical
data concerning the situation of women,
4 HUMAN RIGHTS AND ONE-PARENT FAMILIES
One Familythat their plans, policies and processes
PART 1 uphold and promote these rights.
A Human Such an approach places the focus
Rights-based on rights rather than on need. The
relationship between the government
Approach and those seeking rights is no longer
based on depending on the good will of
the government to meet peoples’ needs.
What is a human rights- Rather, the government agrees that it
has a responsibility to ensure that all can
based approach?
realise their rights and that no person can
A human-rights based approach is be discriminated against or experience
an approach to lobbying and policy inequality based on their gender or
development work that draws on membership of a minority group etc.
agreed international human rights. This
approach works from the position that The government thus recognises that
these standards place an obligation all human beings have economic, social
and duty on governments to ensure cultural and political rights which it is
their duty to protect and promote.
What is a rights-based approach to development?
A rights-based approach to development is a framework for human development
based on international human rights standards that focuses on promoting and
protecting human rights. Essentially, a rights-based approach integrates the
standards and principles of the international human rights system into the plans,
policies and processes of development. The principles include equality and equity,
accountability, empowerment and participation. A rights-based approach to
development includes the following elements:
• a clear link to rights;
• accountability;
• empowerment;
• participation; and
• non-discrimination and attention to vulnerable groups.
Source: Derived from UN Office of the High Commissioner for Human Rights
HUMAN RIGHTS AND ONE-PARENT FAMILIES
5
One FamilyBy viewing poverty as a human
rights issue, those involved in anti-
poverty work can focus their lobbying
on reminding the government of
its responsibility to ensure that
no human being is deprived of the
resources required to enjoy an
adequate standard of living and
related rights. The government must
also ensure that particular groups
cannot be discriminated against in the
achievement of their rights.
The links between human rights and
poverty can be demonstrated as follows,
in relation to women and poverty:
Two of the UN conventions specifically
focus on the rights of children and • Poverty is a denial of human rights.
the rights of women, and are geared • A human rights concept of poverty
towards eliminating discrimination and asserts respect for the dignity of all
inequality experienced by these groups. human beings.
• It positions women in poverty as
Why are human rights citizens capable of directing their
own lives with political, civil, social
important in anti-poverty
and cultural rights, including the
lobbying work? right to a voice with influence.
The United Nations Committee • Rights are not only about claims but
on Economic, Social and Cultural are also about relationships.
Rights defines poverty as ‘a human Source: Combat Poverty Agency, 2006
condition characterised by sustained
Sometimes laws, policies and processes
or chronic deprivation of the resources,
affect one group more than others
capabilities, choices, security and power
or affect them in a different way. The
necessary for the enjoyment of an
discriminatory effect of these policies can
adequate standard of living and other
be highlighted in order to show that this
civil, cultural, economic, political and
is in breach of that group’s or individual’s
social rights.’ This treaty, which Ireland
convention rights. The denial of economic
ratified in 1989, contains a number
and social rights also impacts on civil
of obligations on the State to address
rights such as political participation, the
poverty and related rights issues.
enjoyment of the right to education and
6 HUMAN RIGHTS AND ONE-PARENT FAMILIES
One Familyaccess to the legal system. For example,
the lack of affordable childcare facilities One-Parent Families and
affects one-parent families more than Poverty
others because it impacts more heavily • One in eight people in Ireland live in
on their ability to choose to enter the a one-parent family (CSO, 2002).
labour market or to stay at home.
• There are roughly 153,900 one-parent
This policy can therefore be said to be
families in Ireland (CSO, 2002).
discriminatory in this way.
• Approximately 85 per cent of one-
SUPPORTING ONE-PARENT FAMILY ISSUES parent families are headed by a
woman, and 15 per cent by a man
What is the Relevance of (CSO, 2002).
Human Rights to Lobbying • Between 1996 and 2002, the number
on Behalf of One-Parent of households containing a solo
parent with children increased by
Families? nearly 25 per cent (CSO, 2002).
One-parent families face inequalities, • One-parent families are at greater
particularly in relation to poverty and risk of poverty than other families
social exclusion, relative to other groups (CSO, 2002). You are three times more
in society. International human rights likely to live in poverty if you live in a
conventions can assist one-parent one-parent family (EU-SILC, 2005).
family groups to strengthen their work
in claiming the economic, social and
cultural rights of such families and of • inequalities in relation to children
individual members within them. in one-parent families accessing
the resources needed for their
One Family has identified a set of issues development and education; and
that impinge on the rights of one-parent
• discrimination in relation to access
families. These are:
to services such as education and
• high child poverty levels in one- training, childcare and housing.
parent families that prevent certain
children and groups of children from The next section spells out some of the
achieving their full potential; key human rights standards contained
in the three UN conventions of most
• inequalities in relation to one-parent
direct relevance to one-parent families –
family poverty;
CEDAW, CRC and ICESCR, as well as the
• inequalities in relation to accessing ECHR. CERD is also then briefly covered.
economic well-being by lone parents,
particularly those who are carers;
HUMAN RIGHTS AND ONE-PARENT FAMILIES
7
One FamilyPART 2 The Position of Women in
Irish Society
The Convention • One-parent families are mainly
on the headed by women – 85 per cent
(CSO, 2002).
Elimination of • One-parent families currently make
All Forms of up 75 per cent of those on local
authority housing lists (Combat
Discrimination Poverty Agency, 2005).
• Women earn 17.5 per cent less than
Against Women men (CSO, 2004).
(CEDAW) • The risk of women in Ireland falling
below the 60 per cent poverty line
was 21 per cent in 2004, compared
‘Women in Ireland are at a with 18 per cent for men (CSO,
2005).
higher risk than men of living
in poverty. Twenty-one per • 1 in 7 women have experienced
severe abusive behaviour from a
cent of women are in danger of
partner at some time in their lives
suffering from poverty. Specific (ESRI/National Crime Council, 2005).
groups at a particularly high risk
include older women, women
engaged in home duties, female What is CEDAW?
lone-parents, disabled women,
CEDAW contains rights on a number
Traveller women and rural
of issues affecting women such as
women. Female poverty is largely protection against discrimination
a result of women’s dependent in education, employment, health,
economic status and women’s family relations, benefits and political
unequal access to economic participation. It defines an equality agenda
resources.’1 for women and sets out a framework
for action to end discrimination against
women. Some of the main provisions of
the Convention are as follows:
• Discrimination is defined and
1 Irish Human Rights Commission, governments are required to
submission to CEDAW.
8 HUMAN RIGHTS AND ONE-PARENT FAMILIES
One Familycondemn discrimination and to for women. Through its National
implement laws to protect women Action Plan against Poverty and
against it (Articles 1&2). Social Exclusion (NAPS, 2002) it seeks
• Special temporary measures to to ‘…improve access for women to
speed up equality for women must be appropriate healthcare, education
implemented (Article 3). and employment, thus reducing the
risk of poverty for such women and
• State action is required to guarantee their families’. The CEDAW articles
women’s rights (Article 4). can be used to strengthen the case to
• Equality in education (Article 10), the government to implement these
employment (Article 11), health commitments to women.
(Article 12), economy – such as family
benefit and bank loans (Article 13),
rural life (Article 14), law (Article 15),
family relations and marriage rights
(Article 16) is required.
The Irish Government has committed
itself to eliminating consistent poverty
HUMAN RIGHTS AND ONE-PARENT FAMILIES
9
One FamilyWhat is its status in • Effective measures should be
implemented to protect those
Ireland? vulnerable to poverty and social
Ireland has ratified CEDAW, which exclusion.
means the government has committed • Affordable childcare and other
itself to undertake a series of measures measures should be provided to
to end discrimination against women in allow women to access employment
all its forms. However, CEDAW has not and training.
been incorporated into Irish domestic • Discrimination in pay between men
law as no legislation has been brought and women should be eradicated
in to give it effect in the Irish courts. and equal opportunities in the labour
market created.
What relevant • A national debate on women’s
recommendations have reproductive health should be held
and full access to family planning
been made by the United services for adult and teenage
Nations? women and men should be ensured.
The UN Oversight Committee has • Violence against women and the
recommended the following: trafficking of women should be
addressed by putting in place
• CEDAW should be made part of Irish strategies backed up by law,
law so that it can be used in the Irish resources and training for service
courts. providers.
• Stereotypical attitudes towards
women should be eliminated and
equality between men and women
What other areas are of
should be taken into account in any concern in Ireland?
amendment to the Constitution.2
Additional areas of concern in relation
• A National Women’s Strategy to CEDAW in Ireland are:
should be implemented to ensure
• the persistence of traditional
an integrated and comprehensive
stereotypical views of the social
approach to women’s equality and to
roles and responsibilities of women,
securing women’s human rights.
reflected in Article 41.2 of the
Constitution where women are
2 The Irish Constitution sets out the described as homemakers;
principles and rules by which Ireland
is governed and no law can be enacted
that conflicts with it.
10 HUMAN RIGHTS AND ONE-PARENT FAMILIES
One Family• lack of access and supports for ‘A family diversity approach would
women’s educational choices and fully recognise the inequality of
lack of full participation for women
the position of many one-parent
in employment, and in political and
public life;
families and would provide a
framework for service, policy and
• the prevalence of violence against
women and girls in Ireland, low
legal provision which would seek
prosecution and conviction rates of to address that inequality in a way
perpetrators, high withdrawal rates which respects the validity of the
of complaints; and one-parent family and seeks to
• inadequate funding for organisations support it.’3
that provide support services to
victims, and the failure to address Article 5: Requires measures to
the trafficking of women and children change social and cultural patterns
into the State. of conduct of men and women,
to eliminate practices based on
SUPPORTING ONE-PARENT FAMILY ISSUES stereotyped roles, as well as
the need for family education to
How can CEDAW be used recognise the social function of
to support one-parent motherhood and the common
responsibility for raising children.
family issues?
Article 16: Requires all
The following are some examples of
appropriate measures to eliminate
how CEDAW articles can be used in
discrimination against women in all
lobbying work by one-parent family
matters relating to marriage and
groups.
family relations.
Currently, the family based on marriage
is the only family form recognised and
protected under Irish law. Therefore,
many family forms are not considered Articles 5 and 16 can be used to
equal in the eyes of the law. Family strengthen the case for law reform to
diversity describes the range of family ensure the recognition of the diversity of
types and the various situations in family forms that exist in Ireland today.
which families live in modern society:
3 One Family, Policy Position Paper
Number 2: Recognising the Realities of
the Diversity of Family Life in Ireland.
HUMAN RIGHTS AND ONE-PARENT FAMILIES
11
One FamilyThe UN Oversight Committee has
Article 11: Requires measures to
recognised that Irish women are
eliminate discrimination against
still seriously disadvantaged in the
women in employment in order
labour market. The lack of affordable
to ensure the same rights, and
childcare and other measures such as
additional rights such as the right
family friendly work policies seriously
to work, on a basis of the equality of
impedes one-parent families’ access to
men and women.
employment opportunities. Access to
affordable childcare in the community Article 13: Requires measures to
and other measures are needed to eliminate discrimination against
address this. The level of the One Parent women in other areas of economic
Family Payment plus the presence of and social life, for example, the right
serious poverty traps has created a to family benefits and the right to
situation whereby work for many does bank loans, mortgages and other
not pay, particularly if the parent has to forms of financial credit.
pay for childcare:
‘Despite increases in amounts Articles 11 and 13 further strengthen
and levels of child benefit and the case for such measures to be put in
social welfare payments, the place.
costs of living for one-parent
families are exceeding the
incomes provided and in many
cases one-parent families are
trapped in income poverty. Action
is needed to remove continuing
poverty traps experienced by solo
parents in making the transition
from social welfare dependency
to the labour market.’4
4 One Family, Pre-Budget Submission,
2005.
12 HUMAN RIGHTS AND ONE-PARENT FAMILIES
One FamilyPART 3 What is its status in
Ireland?
The UN The Government has ratified the
Convention on Convention and is therefore obliged
to take all necessary steps to ensure
the Rights of that the minimum standards set by the
CRC in areas such as social services,
the Child (CRC) legal, health and education are met.
This may involve changing existing laws
and policies or creating new ones. The
What is the CRC? Convention has not been made part of
Irish law and, therefore, is not legally
The CRC provides an internationally
binding in the Irish courts.
agreed framework of minimum
standards necessary for the well- The proposed new Social Partnership
being of the child.5 The key principle agreement refers specifically to
underpinning the CRC is that the best Ireland’s commitment to implement the
interests of the child should always be CRC within Irish laws and policies. The
taken into account (Article 3). Some of document states that:
the main articles are as follows:
‘Ireland has ratified the UN Convention on
• Protection from discrimination
the Rights of the Child and is committed
(Article 2).
to its implementation in our laws and
• Right to the highest attainable policies. To achieve this vision, the
standard of health and access to Government and social partners will work
health and medical services (Article together over the next ten years towards
24). the following long-term goals for children
• Right to benefit from social security in Ireland:
and to an adequate standard of living • Every child should grow up in a family
(Articles 26 & 27). with access to sufficient resources,
• Right to primary education supports and services, to nurture
compulsory and free to all, and and care for the child, and foster the
access to secondary education child’s development and full and equal
(Articles 28 & 29). participation in society.
• Every family should be able to
access childcare services which are
5 Children are defined as all persons appropriate to the circumstances and
under the age of 18 years (Article 1). needs of their children.
HUMAN RIGHTS AND ONE-PARENT FAMILIES
13
One Family• Every child should leave primary • Every child and young person will have
school literate and numerate. access to appropriate participation in
• Every student should complete a local and national decision-making’.6
senior cycle or equivalent programme
(including ICT), appropriate to their Where is Ireland in breach
capacity and interests.
of the Convention?
• Every child should have access to
world-class health, personal social The following are some of the areas
services and suitable accommodation. where Ireland is in breach of the
Convention:
• Every child should have access to
quality play, sport, recreation and • It has failed to bring in a law to make
cultural activities to enrich their the CRC usable in the Irish courts.
experience of childhood.
6 Towards 2016, Draft Social Partnership
Agreement, 2006.
14 HUMAN RIGHTS AND ONE-PARENT FAMILIES
One Family• The number of children and young the rights set out in the UN
people still living in poverty after a Convention on the Rights of the
period of unprecedented economic Child.
prosperity shows the level of • Reform the family law system in the
persistent inequality in Ireland and best interests of the child, moving
is in breach of a number of the the system from an adversarial to an
Convention’s articles. inquisitorial model.
• The lack of access of children living • Address increasing inequalities and
in poverty to a range of services ensure that children are enabled to
is a reality and is in breach of the grow up free from poverty.
Government’s obligations under the
Conventions. • Introduce a new social welfare
payment for children in low-income
Ireland’s second progress report to families, both in and out of work.
the UN Committee was examined in • Build quality social and affordable
September 2006. The Irish Government housing for families with children
appeared at a plenary hearing in front of and ensure that emergency
the UN Committee in September 2006 accommodation for families with
to account for its progress since 1998. children is appropriate to their needs.
From this, the Committee will make
recommendations to the Government. • Ensure social services are adequate
to meet statutory obligations to
children, and establish a 7-day, 24-
What other areas are of hour social work service for children
concern in Ireland? at risk.
• Provide full medical cards (free
The Children’s Rights Alliance has
healthcare) for all children living in
made a number of recommendations in
low-income families.
relation to the Second Shadow Report
to the United Nations Committee on the • Develop a range of appropriate
Rights of the Child. These include the prevention, early intervention and
following: treatment supports and services
for children and young people with
• Hold a referendum without delay
mental health difficulties.
to amend the Constitution to give
express recognition to children’s • Develop an integrated, universal,
rights. high-quality early childhood care and
education system.
• After Constitutional change is
secured, bring in a comprehensive • Adequately fund primary and
Children’s Rights Act to enumerate second-level education to ensure the
HUMAN RIGHTS AND ONE-PARENT FAMILIES
15
One Familyeducation rights of all children, giving The Children’s Rights Alliance in its
priority to addressing educational second Shadow Report to the UN
disadvantage, reducing class size, Oversight Committee on the CRC states
modernising school buildings, and ‘…that the incidence of deprivation is
providing tools for enrichment substantially higher among one-parent
such as sports equipment, musical families.’8
instruments and computers.
Almost 130,000 children live in one-
• Support the establishment of parent families who are primarily
multi-denominational and non- dependent on social welfare. High
denominational schools.7 numbers of these families are also on
local authority waiting lists for social
SUPPORTING ONE-PARENT FAMILY ISSUES
housing. The report highlights that the
How can the CRC be used level of social welfare is not sufficient
for these families to have a decent
to support one-parent standard of living. The report calls for a
family issues? series of measures to be implemented
to eliminate child poverty. Ending child
Article 27 The child has the poverty includes the following set of
right to an adequate standard of demands:
living; parents have the primary 1. ‘Ensure that all children and young
responsibility to provide this, people have a minimum adequate
and the State has a duty to assist income.
parents, where necessary, in
2. Ensure equal and affordable access to
fulfilling this right.
medical care for all children and young
people regardless of income.
Child poverty is a denial of the basic 3. Implement the provisions of the
right of a child to an adequate standard National Children’s Strategy that relate
of living, a right guaranteed by Article to poverty and social exclusion.
27. The Government has committed to 4. Provide decent accommodation for all
eliminating consistent child poverty by children and young people.
2007 (National Action Plan, Sustaining 5. Recognise and safeguard the rights
Progress and the National Action Plan of children and young people with
Against Poverty and Social Inclusion). disabilities.
7 Children’ Rights Alliance, Shadow 8 Children’s Rights Alliance, Shadow
Report to the UN Committee on the Report to the UN Committee on the
Rights of the Child, 2006. Rights of the Child, 2006.
16 HUMAN RIGHTS AND ONE-PARENT FAMILIES
One Family6. Invest in education to reduce early
school leaving and break the cycle of
PART 4
poverty.
7. Promote and protect the rights
The
of all children and young people
experiencing poverty or social
International
exclusion, including children
from minority ethnic and racial
Covenant on
backgrounds.’9 Economic,
All of these rights are provided for
within the CRC but have not been
Social and
implemented. The State is not meeting Cultural Rights
(ICESCR)
its commitments at an international
level and the standard of human rights
for children is falling far short of what is
expected of Ireland.
What is ICESCR?
ICESCR lists a set of rights and
standards that governments are obliged
to work towards. The ICESCR imposes
immediate obligations on governments
to take steps to bring about the full
enjoyment of the rights contained in
the ICESCR, particularly the adoption
of legislative measures. The rights
contained within the ICESCR include the
right to work in good conditions, to form
and join trade unions, to social security,
to an adequate standard of living and to
health, education and cultural life.
The ICESCR is the first human rights
treaty to require states to reorganise
and progressively realise the right
to health. It covers rights relating to
9 Children’s Rights Alliance, Submission an adequate standard of living, the
in Relation to the National Action Plan highest attainable standards of physical
Against Poverty and Social Exclusion
(NAPincl) Ireland,2003–2005.
and mental health, social protection,
HUMAN RIGHTS AND ONE-PARENT FAMILIES
17
One Familyeducation and the enjoyment of the Where is Ireland in breach
benefits of cultural freedom and
scientific progress, as well as the of the Convention?
right to work in just and favourable The CESCR issues general comments
conditions. on articles of the Covenant from time
to time. These comments are aimed
What is its status in at promoting the implementation of
the Covenant. The General Comments
Ireland? issued to date include the following:
The Irish Government ratified the • No steps have been taken to
ICESCR in 1989 and is accountable incorporate or reflect the Covenant in
to the UN Committee on Economic, domestic legislation.
Social and Cultural Rights (CESCR)
• No steps have been taken to adopt
on its progress in complying with the
a human rights-based approach to
provisions of the treaty. It is not legally
the National Anti-Poverty Strategy
binding as it has not been incorporated
(NAPS).
into Irish law. The Irish Government is
due to report on progress achieved in • There is an absence of a human
implementing ICESCR in June 2007. rights framework encompassing,
18 HUMAN RIGHTS AND ONE-PARENT FAMILIES
One Familyamong other things, the principles of SUPPORTING ONE-PARENT FAMILY ISSUES
non-discrimination and equal access
to health facilities and services in the How can the ICESCR be
National Health Strategy. used to support one-
• The Disability Bill does not adopt a parent family issues?
human rights-based approach.
The ICESCR provides strong protection
The Committee in its last report for social and economic rights which
recommended that the Irish could be used to lobby for equality of
Government: access to education, and economic and
• incorporate economic, social and social rights for one-parent families.
cultural rights in the proposed Article 13 contains a comprehensive
amendment to the Constitution, as right to education. Article 10 gives the
well as in other domestic legislation; widest possible protection for the family
and places particular emphasis on
• adopt a human rights-based
supporting the family in its caring role
approach to the Disability Bill;
for dependent children. The Committee
• integrate economic, social and has made it clear that the family should
cultural rights into NAPS; be understood in its widest sense. It
• accelerate its social housing also provides for special protection for
programmes in order to reduce the mothers pre and post birth.
waiting time for social housing;
There are strong protections for
• revisit the recently published physical and mental health contained
National Health Strategy with a in Article 12. Article 11 provides for
view to embracing a human-rights the right to an adequate standard of
framework in that strategy, in living. The committee has commented
line with the principles of non- that this right is not merely the right
discrimination and equal access to to shelter but rather the right to live
health facilities and services; and somewhere in ‘security, peace and
• The state should continue to involve dignity’. Article 3 provides that these
non-governmental organisations rights should be enjoyed by men and
and other members of civil society in women equally.
the preparation of its third periodic
report.
HUMAN RIGHTS AND ONE-PARENT FAMILIES
19
One Family• the rights to a range of economic,
PART 5 social and cultural rights such as
the right to work and favourable
The conditions of work, the right to
International housing, to public health, social
security and to equal participation in
Convention on cultural activities; and
• the right to redress when the above
the Elimination rights have been breached.
of All Forms What is its status in
of Racial Ireland?
Discrimination The Irish Government ratified CERD
in December 2000. It is not legally
(ICERD) binding as it has not been incorporated
into Irish law. The Irish Government’s
first and second reports on the
What is ICERD? implementation of the Convention in
ICERD seeks to eliminate all forms Ireland were considered by the UN
of racial discrimination. It is the main Committee in March 2005. The Equal
international instrument that deals Status Acts of 2000–2004 and the
with issues in relation to racism, racial Employment Equality Acts of 1998–2004,
discrimination, xenophobia and related serve to ban racial discrimination in
intolerance. some but not all areas, but particularly
in relation to employment and the
It defines and condemns racial supply of goods and services.
discrimination and includes a number
of key rights such as:
What relevant
• the right of everyone to equality
before the law;
recommendations have
• the entitlement to political and
been made by the United
civil rights, for example, freedom Nations?
of movement, thought, conscience,
religion, opinion and expression, The consideration of the Irish
peaceful assembly and association; Government’s reports on the
implementation of ICERD resulted
in a number of important concluding
20 HUMAN RIGHTS AND ONE-PARENT FAMILIES
One Familycomments by the UN Oversight • the scope of the Equal Status Act
Committee. These recommendations should be expanded to ensure
relate to all individuals, including protection against discrimination by
members of one-parent families. It public authorities to cover the whole
recommended that: range of government functions and
• ICERD should be incorporated into activities;
domestic law; • Ireland should ensure full practical
• the Irish Government should implementation of legislation
undertake to combat prejudice and prohibiting discrimination in
xenophobic stereotyping, especially employment and in the labour
in the media; market to ensure greater protection
for new communities;
• all necessary steps should be
undertaken to avoid negative • the police should undergo anti-
consequences of the direct provision racism training and a monitoring
and dispersal system for individual mechanism to investigate allegations
asylum seekers, and measures of racially motivated police
adopted to promote their full misconduct should be put in place;
participation in society; • in recognition of the link
between racial and religious
HUMAN RIGHTS AND ONE-PARENT FAMILIES
21
One Familydiscrimination, the establishment These recommendations mirror those
of non-denominational or multi- put forward by the NGO Alliance10
denominational schools should be who produced a shadow report and
supported by the State. Also, existing submitted it to the process. Ireland
laws should be amended so that no is due to submit its third and fourth
discrimination may take place as periodic reports jointly, in January 2008.
far as the admission of pupils (of all
religions) in schools is concerned; SUPPORTING ONE-PARENT FAMILY ISSUES
• the Irish Government should How can ICERD be used to
recognise Travellers as an ethnic
group; support one-parent family
• the Irish Government should put in issues?
place measures with regard to the
ICERD focuses on issues of racially
special needs of women belonging
based discrimination which can affect
to minority and other vulnerable
all groups in society, including one-
groups, in particular, female
parent families. As the numbers of one-
Travellers, migrants, refugees and
parent families from new communities
asylum seekers;
grows there will be an increasing need
• the Irish Government should ratify for them and for organisations that
the Convention on the Protection of work for and with them to be aware of
the Rights of All Migrant Workers and the rights of such families under this
Members of their Families to ensure UN Convention.
better protection for migrants and
migrant workers; and This Convention can therefore be an
important tool in campaigns to improve
• adequate resources should be made
the rights of new communities living in
available for bodies such as the Irish
Ireland.
Human Rights Commission, the
Equality Authority and the National
Consultative Committee on Racism
and Interculturalism, to enable them
to exercise the full range of their
statutory functions and to support
the NGO community. 10 The NGO Alliance consists of over
40 independent NGOs working in
Ireland on issues such as anti-racism,
community development and human
rights. The reports produced by the
NGO Alliance are available at
www.immigrantcouncil.ie
22 HUMAN RIGHTS AND ONE-PARENT FAMILIES
One FamilyPART 6 What is the ECHR?
The European The ECHR protects a number of basic
human rights and freedoms in the civil
Convention on and political sphere. The main rights
under the Convention are as follows:
Human Rights • The right to life (Article 2).
(ECHR) • The right to freedom from torture
and inhuman or degrading treatment
or punishment (Article 3).
• The right to liberty and security of the
person (Article 5).
• The right to fair and public trial
within a reasonable time (Article 6).
• The right to respect for private and
family life as well as home and
correspondence (Article 8).
• The right to freedom of thought,
conscience and religion (Article 9).
• The right to freedom of expression
(Article 10).
• The right to marry and found a family
(Article 12).
• The right to an effective remedy
for violation of rights set out in the
Convention (Article 13).
• The prohibition of discrimination in the
enjoyment of those rights (Article 14).
What is its status in
Ireland?
In 2003, the Irish Government passed
the European Convention on Human
Rights Act. This Convention is now
HUMAN RIGHTS AND ONE-PARENT FAMILIES
23
One Familyenforceable in the Irish courts. This SUPPORTING ONE-PARENT FAMILY ISSUES
Convention, however, has been
incorporated at a level below the How can the ECHR be
Constitution. If there is a conflict used to support one-
between the Convention and the
Constitution on any right, for example,
parent family issues?
the right of the family, the Constitution While the Irish Constitution recognises
takes precedence. the special position of the family based
on marriage, the European Court of
The Act puts a duty on the Organs
Human Rights takes a broad view of the
of the State to perform their duties
definition of the family. Article 8 of the
in a way that is compatible with the
ECHR can therefore be used to lobby
Convention. Organs of the State include
for an inclusive concept of family to
health boards and local authorities, for
be adopted in an Irish context and has
example. Under the 2003 Act, if these
already been used successfully.
bodies fail to perform their functions
in a way that is compatible with the
Article 8: Right to respect for
Convention, a complainant can go to the
private and family life.
courts in Ireland and damages can be
sought. The Act also requires the courts Article 14: These rights and
to interpret domestic legislation in a freedoms are to be secured without
manner consistent with the Convention. discrimination on grounds of sex,
The courts must therefore pay attention race, colour, language, religion,
to any relevant judgment or opinion political or other opinion, national
of the European Court of Human or social origin, association with a
Rights when making a decision. The national minority, property, birth
Convention also gives the High Court or or other status.
the Supreme Court the power to declare
any statutory provision to be in breach
of the Convention. This does not declare
the law in question invalid but it does
place an obligation on the Taoiseach to
put that law in front of the Oireachtas
within 21 days. The Oireachtas does not
have to change the law but it is likely
that it will.
24 HUMAN RIGHTS AND ONE-PARENT FAMILIES
One FamilyThe following are some examples PART 7
of relevant decisions made by the
European Court on Human Rights,
following a complaint by an Irish
Using the
litigant: Conventions
• The failure to provide legal aid
for judicial separation cases was
to Develop
found to be a violation of Article
6 and Article 8 in breach of the
Strategies and
Convention. The Civil Legal Aid
Scheme was introduced as a result
Arguments
of this case.
• The father of a non-marital child Conventions can be used in a number of
whose mother attempted to place ways to lobby for social change.
the child for adoption without
his consent brought a case to Conventions as lobbying
Strasbourg. It was found that there
was a breach of Article 8 (right to
tools
respect for family life) and Article NGOs can mobilise and support people
6 due to the lack of procedures living in poverty to campaign against
available to him to claim his rights. breaches of their rights under the
conventions and, through this, create
the political will to implement the rights
contained within them. One-parent
A key step in compliance with the ECHR
family and all anti-poverty organisations
in Ireland, therefore, is the inclusion of
can undertake the following actions:
a wider definition of the family within
Irish legislation and related government • Become familiar with the articles
policies and actions. Given the higher that affect one-parent families under
levels of poverty and social exclusion the conventions and select articles
experienced by one-parent families the that are most relevant to the issues
ECHR can be used to lobby for policies that you are working on.
that will reduce such inequality. • Provide information to members
about the conventions.
• Refer to the convention articles in
policy documents and submissions
HUMAN RIGHTS AND ONE-PARENT FAMILIES
25
One Familyand/or representations to the
government and other bodies.
• Identify gaps in the provision of
services which will indicate the
convention articles that are being
breached. For example, a lack of
provision of childcare services will
breach CEDAW Article 11.
• Document any breaches in policy
documents to show how one-parent
family’s rights are not being upheld in
line with the conventions.
• Build a case. Collect accurate data sample questions that could be used to
on breaches of the conventions and lobby politicians from government and
case studies which can be of use to opposition parties:
lobby effectively. • The definition of the family in the
• Find out about the reporting Irish Constitution is at odds with
processes under the conventions and the ECHR. What would your party
prepare shadow reports or contribute do in government to address this
to other shadow reports. situation?
• Target local media to generate • CEDAW gives a right to equality
discussion on the issues concerning of access which includes access
one-parent families. to childcare etc. How would your
government enforce this right in
• Undergo training on the conventions, relation to one-parent families?
where available.
• The government has an obligation
under the CRC to address child
Lobbying the political poverty. How would your party
system in government remove poverty
inequalities experienced by children
Elections represent an opportunity living in one-parent families?
to lobby politicians and highlight the
• ICESCR gives an explicit right to
gap between what the government
family friendly work practices and
promised to deliver at an international
policies. What is your party planning
level and what it has actually provided
to do to make these rights effective in
at national and local level for one-
relation to one-parent families?
parent families. The following are some
26 HUMAN RIGHTS AND ONE-PARENT FAMILIES
One Family• This Government does not promote a • monitor progress of the Irish
rights-based approach to poverty and government in implementing their
social exclusion and this puts it in recommendations;
breach of Ireland’s obligations under • highlight through the media,
the international conventions? What Human Rights Commission and
would your party do in government other human rights platforms at
about this? local, national and international
level where the government has
Using the UN reporting implemented or failed to implement
the recommendations; and
procedure
• lobby politicians and inform them of
The UN Oversight Committees the gaps in implementation and look
examine the Government’s reports in for reasons for the lack of progress.
detail and prepare their own report,
largely informed by non-governmental
organisations. These reports can be
Using the law to promote
extremely useful in highlighting the rights
gap between national and international
human rights standards. One-parent The use of the legal aspect of the
family organisations can provide conventions can be promoted in one or
inputs to the UN’s review of any of the more of the following ways:
conventions in the following ways: • Lobby for legislation to incorporate
• Find out about the reporting the conventions into Irish domestic
processes under the conventions and law.
make shadow reports or contribute • Encourage lawyers to use the
to other shadow reports, for example, convention in their legal arguments.
Children’s Rights Alliance.
• Take cases under the European
• Collaborate with the government on Convention on Human Rights and
their report by sending information the European Convention on Human
and informing government officials Rights Act to advance rights for one-
about the issues on the ground. parent families.
• Get involved in preparations for
presentations to the UN committee
with other groups.
One-parent family and all anti-poverty
organisations can also use the
Committees’ recommendations to:
HUMAN RIGHTS AND ONE-PARENT FAMILIES
27
One Familymore information and advice on the
Conclusion conventions described here.
can* One Family’s Campaigning and
Advocacy Network brings together
those who want Ireland to be a place
One Family has worked and lobbied on
in which one-parent families no
behalf of one-parent families for nearly
longer face inequality, poverty or
35 years. Many of the issues we’ve
discrimination. The network includes
fought for in the past have become basic
members of one-parent families, those
rights in Ireland, but there is still a long
way to go. Life for many one-parent who work with them and those who care
families remains a battle to overcome about the rights of one-parent families.
systemic inequalities, discrimination
and poverty. As the numbers and
diversity of one-parent families continue
to increase, it becomes ever more
crucial that we work towards an Ireland
in which the rights of all families are
protected.
Human rights-based approaches to
tackling poverty and social exclusion
are increasingly relevant in Ireland
today. A human rights-based approach
can provide sound and compelling
arguments to demonstrate that
one-parent families do experience
inequalities and discrimination relative
to other groups.
Such arguments can be used to lobby
for change, much of which can only be
achieved in the long term. However, a
start can be made now. We hope that
this booklet can help you to engage
in such lobbying and to create real
change for one-parent families. See
‘Further Information’ on page 30 for
28 HUMAN RIGHTS AND ONE-PARENT FAMILIES
One FamilyGlossary of • LEGALLY-BINDING – having the
force of law
Human Rights • PROTOCOL – in this context, it means
Terms a document or treaty related to an
existing treaty
• ADOPT (A LAW OR RESOLUTION) – • PROVISION – an article or clause in a
vote to accept treaty or other legal document
• CONTENT OF A RIGHT – the meaning
• RATIFICATION – formal approval by
of a right; what it guarantees
a state, in this case of a treaty; has
• CONVENTION – in this context it greater legal force than a signature
means a treaty
• RESOLUTION – formal expression of
• DECLARATION – in this context it opinion of a body; not legally binding
means a statement by governments
• SIGNATURE – an expression of will
that is not legally binding on them
from a state to a treaty; it is a step
• DEVELOPMENT – a comprehensive
towards approval; subject to further
process involving sustainable
ratification
improvement in economic, social and
political well-being of all individuals • TREATY – a written contract between
and peoples. Development aims for states; legally binding on states that
the realisation of all human rights ratify it
and for the greatest possible freedom • TREATY BODY – in this context,
and dignity of every human being a group established to oversee
• HUMAN RIGHTS STANDARDS/ compliance with a treaty
NORMS – requirements in human
rights treaties or declarations.
Used to assess/measure how well a
government’s policies and practices
comply with human rights
• JURISPRUDENCE – case law; rulings
by national and/or international
courts and treaty bodies
• JUSTICIABLE – capable of being
brought within the legal framework
and invoked as a cause of action
before a court
HUMAN RIGHTS AND ONE-PARENT FAMILIES
29
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