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
CONTENTS
Foreword
Executive
summary
I.
INTRODUCTION
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
- 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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