Ireland
- An Audit of Compliance
- with International Human Rights Standards
- 2000
- Prepared by Sophie Magennis LL.B. (Hons), E.MA.
- of www.HumanRightsConsultants.Org
- for Amnesty International Irish Section
A. Preliminary remarks
- B. The content and nature of the State’s obligation to comply with international human rights standards
- 1. International human rights instruments
- a) Treaty standards
- b) Non-treaty standards
- 2. The nature of the obligation on the State
- C. Human rights policy in Ireland
- 1. Foundations
- 2. An holistic approach to human rights policy
- 3. The substance of the Government’s human rights policy
- D. The scope of the audit and its recommendations
II. ASSESSMENT OF COMPLIANCE WITH INTERNATIONAL OBLIGATIONS
A. Compliance with international obligations at the domestic level
- 1. The right to freedom from ill-treatment
- a) Applicable law and standards
- b) Specific areas of concern
- c) Recommendations
- 2. The right to seek asylum
- a) Applicable law and standards
- b) Specific areas of concern
- c) Recommendations
- 3. The right to a fair trial
- a) Applicable law and standards
- b) Specific areas of concern
- c) The Review of the Offences Against the State Acts 1939-1998 and Related Matters
- d) Recommendations
- B. Evaluation of commitment to human rights in foreign policy
- 1. Sources of the obligation to promote and protect human rights in foreign policy
- a) International human rights law
- b) The Constitution
- c) Political and moral obligations
- 2. Taming Leviathan - why should the State respect international human rights law?
- a) The doctrines of legalism and realism
- b) Enlightened self-interest
- c) Multilateral relations
- 3. Promoting human rights in foreign policy: leadership in intergovernmental organisations
- a) Case study: Ireland’s Presidency of the Committee of Ministers of the Council of Europe
- b) Assessment of Ireland’s Presidency of the Committee of Ministers
- c) Ireland’s membership of the United Nations Security Council
- 4. Recommendations: monitoring the conduct of foreign policy
III. STRENGTHENING THE MECHANISMS CHARGED WITH IMPLEMENTING HUMAN RIGHTS POLICY
- A. The Human Rights Unit at the Department of Foreign Affairs
- 1. Recommendations to the Government
- a) Resources and training
- b) Review of mechanisms
- c) Setting human rights policy objectives
B. Recommendations addressed to Dáil Éireann (the Irish Parliament)
- C. Recommendations concerning the ratification of additional human rights treaties
- 1. The UN Convention against Torture
- 2. The Convention on the Elimination of All Forms of Racial Discrimination
IV. A NEW HUMAN RIGHTS MECHANISM: THE IRISH HUMAN RIGHTS COMMISSION
A. The Establishment of the Commission
B. Funding the Commission
C. Recommendations to the Human Rights Commission
- 1. First steps
- a) Funding
- b) Consultation
- c) Staff
- d) “Fitting in”
- 2. Developing a programme of work
- a) Compliance with international obligations
- b) Human rights education
- c) Ratification and incorporation of international instruments
V. SUMMARY OF RECOMMENDATIONS
- A. The right to freedom from ill-treatment
- B. The right to seek asylum
- C. The right to a fair trial
- D. Monitoring the conduct of foreign policy
- E. Strengthening the mechanisms charged with implementing human rights policy
- F. Recommendations to the Human Rights Commission
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