Comment: Ageism a barrier to rights
Human Rights and Older People in Ireland
Article 1 of the Universal Declaration of Human Rights, 1948 states:
“All human beings are born free and equal in dignity and rights”
Stigma and ageism are major barriers to the realisation of the human rights of older adults. Older people should enjoy the same rights as everyone else.
Older people are often seen, by others and by themselves, as a burden and recipients of care rather than rights holders. Stigma is multiplied in the case of older people with a disability such as dementia. Approximately 36% over 65s have a disability.
International human rights law is the product of a consensus reached by states as to the minimum standards they agree to be bound by, e.g. in the right to education and the right to health. However the right to health and personal social services is not defined in Irish legislation. Enforceable human rights and equality standards need to be embedded into Irish legislation.
Older adults and people with disability are members of the general public and should not be marginalised, excluded or consigned to the appendices of policy documents. Legislation, policy and practices needs to be inclusive and human rights and equality compliant. The rights for older people need to be enshrined in a formal way. It is unlikely that the human rights of older persons will ever be realised without a voice in government.
We need to:
- Appoint a Minister for Older Persons
- (Elect a Senator for Successful Ageing)
In line with United Nations Recommendations we need to:
- Develop and adopt a National Human Rights and Equality Action Plan
“I will campaign for the State to adopt a National Human Rights and Equality Action Plan”
The plan should include:
- Provision for systematic human rights and equality proofing of legislation and policy
- A national programme of human rights and equality education for public and civil servants
- An enforceable requirement for Public Authorities to embed equality and human rights in the carrying out of their functions
- A national curriculum of human rights and equality education for primary and secondary school students
Human Rights Overview
Article 1 of the Universal Declaration of Human Rights, 1948 states:
“All human beings are born free and equal in dignity and rights”
Human rights are based the on principles of equality, dignity and mutual respect and are about being treated fairly and treating others fairly. We are all equally entitled to these rights without discrimination regardless of our age, gender, sexual orientation, disability, religious belief, family status, civil status, membership of traveller community, race, nationality or ethnicity. If elected to the 25th Seanad I will forensically examine any legislation that is sent to the Seanad for revision to ensure that these rights are upheld.
While continuing its commitment to advancing global human rights Ireland must also progress its domestic human rights compliance. If elected I will support recommendations to strengthen, protect and uphold human rights in the state.
Ireland will benefit from an inclusive society based on respect for human rights and equality. I will work to promote understanding and awareness of the importance of human rights in the State and will advocate for investment in related educational and research activities.
The Interdepartmental Committee for Human Rights (IDCHR) was established in 2015 to improve coherence in the signature and ratification of treaties and fulfilment of reporting obligations.
A dualist legal system operates in the State such that ratification of international treaties does not have automatic effect at domestic level. The majority of international human rights treaties that Ireland has ratified have not been incorporated into law. I will call on the Government to improve its track record beginning with ICRPD and OPCAT.
Background
The Irish Human Rights and Equality Commission (IHREC) was established when The Irish Human Rights Commission (HRC) and the Equality Authority (EA) were merged in 2014. The IHREC is Ireland’s National Human Rights institution you can read about its functions here.
The Irish Human Rights and Equality Commission Act 2014 provides for a public sector equality and human rights duty.
Broad Definition of Human Rights in Irish Human Rights and Equality Commission Act 2014
- the rights, liberties or freedoms conferred on, or guaranteed to, persons by the Constitution,
- the rights, liberties or freedoms conferred on, or guaranteed to, persons by any agreement, treaty or convention to which the State is a party, and
- without prejudice to the generality of paragraphs, (a) and (b), the rights, liberties and freedoms that may reasonably be inferred as being
- inherent in persons as human beings, and
- necessary to enable each person to live with dignity and participate in the
economic, social or cultural life in the State;
Links
Equality Act 1998
Equal Status Act 2000
The Human Rights Commission Act 2000
The Human Rights Commission Act 2001
The Assisted Decision-Making Capacity Bill
Irish Human Rights and Equality Commission Act 2014
European Convention on Human Rights Act
The ICCL Project Legacy Statement
The Irish Constitution
United Nations Declaration of Human Rights
United Nations Intersex Fact Sheet
United Nations Paris Principles
Universal Periodic Review