Government announces decision to accede to the Optional Protocol to the UN Convention on the Rights of Persons with Disabilities.
From Department of Children, Equality, Disability, Integration and Youth
Published on
Last updated on
An Taoiseach Simon Harris, Tánaiste and Minister for Foreign Affairs Micheál Martin, the Minister for Children, Equality, Disability, Integration and Youth, Roderic O’Gorman, and the Minister of State for Disability, Anne Rabbitte, have today announced that Government will accede to the Optional Protocol to the United Nations Convention on the Rights of Persons with Disabilities.
Ireland ratified the Convention on the Rights of Persons with Disabilities on 20 March 2018. The Convention aims to make sure that people with disabilities are treated fairly, have the same opportunities as people without disabilities, and are fully included in society.
The Optional Protocol supplements the Convention by establishing additional procedures aimed at strengthening the implementation of the Convention. The State’s implementation of the UNCRPD is already subject to periodic review by the UN Committee on the Rights of Persons with Disabilities. Accession to the Optional Protocol means that people with disabilities will have their rights better upheld by strengthened accountability measures.
The Optional Protocol establishes the competence of the UN Committee on the Rights of Persons with Disabilities, a body of independent experts, to:
- receive and examine communications from or on behalf of individuals or groups of individuals who claim to be victims of a violation of the rights recognised and protected by the Convention.
- undertake inquiries in cases where they receive reliable evidence of grave or systemic violations of the Convention.
After examining such a communication, the Committee will issue recommendations to Ireland.
The Committee will only examine a communication if it meets the admissibility criteria set out in the Protocol, and in particular the requirement that a person has exhausted all available domestic remedies. Encouraging states to ensure the proper protection of rights domestically is one of the main advantages of the Optional Protocol.
Accession to the Optional Protocol demonstrates Ireland’s commitment to the continued realisation of the rights and obligations set out in the Convention. It is an important milestone in Ireland’s journey toward a more inclusive and fair society for everyone, and one in which everyone is valued equally.
Following the government decision, the Tánaiste and Minister for Foreign Affairs will sign an instrument of accession on behalf of the Government, to be deposited with the Secretary-General of the UN. The Protocol will enter into force in Ireland 30 days later.
Speaking about the decision to accede to the Optional Protocol, An Taoiseach Simon Harris said:
“Today is an important day for Ireland and particularly for people with a disability. One of my key priorities as Taoiseach is to make the lives of people with a disability more inclusive, fairer and it is so important that everyone is afforded equal opportunities. Ratification of the Optional Protocol will mean that people with a disability will have their rights more stringently upheld by strengthened accountability measures. I know this is an important day for the thousands of people who have campaigned for this to happen”.
An Tánaiste Micheál Martin said:
“I am delighted that we are now in a position to strengthen Ireland’s commitment to the rights of people with disabilities through this Optional Protocol. This marks an important and necessary step in our commitment to the protection of the rights of those with disabilities, and demonstrates our commitment to progressing towards a more inclusive and fair society”.
Speaking on the matter, Minister O’Gorman said:
“I am delighted that Ireland will be formally acceding to the Optional Protocol to the United Nations Convention on the Rights of Persons with Disabilities. In April I convened an interdepartmental group to drive progress on this issue and I am delighted to see that work has led to today’s decision. The decision by Government to take this step marks a milestone moment for the State. It emphasises the value that is placed on ensuring that we are accountable in upholding the rights of persons with disabilities”.
The Minister added:
“My Department’s vision is one of a vibrant, inclusive, and thriving Ireland where no one is left behind or faces discrimination. Central to this vision is ensuring that persons with disabilities are supported to live the lives that they want to and are provided equal opportunities to do so. Acceding to the Optional Protocol further supports the realisation of that vision”.
Minister Rabbitte said:
“Accession by Ireland to the Optional Protocol signals Ireland’s ongoing drive to improving the lives of persons with disabilities in this country. Moving Ireland to the point of ratification has been a major focus for me as Minister. Disabled people must be given every opportunity to participate equally and fully in our society, and to have their rights as set out under the Convention respected. The development of the United Nations Convention on the Rights of Persons with Disabilities was rooted in the need to express human rights in the context of disability rights. Accession to the Optional Protocol demonstrates our intention to keep building on the progress we have made in ensuring that these rights are upheld, and ultimately assists in furthering the State’s progressive implementation of the Convention in an important way”.
The Minister added:
“I also think it’s important to recognise the tireless efforts of advocates, Disabled Person’s Organisations, and individuals who have championed this cause. Their voices have been instrumental in driving this progress, and their contributions will continue to shape our policies and practices”.
Accession to the Optional Protocol to the United Nations Convention on the Rights of Persons with Disabilities is a commitment in the Programme for Government. It was originally intended to accede to the Protocol after Ireland’s first Periodic Review by the Committee. However, as that has now been delayed at UN level work to progress earlier accession has been underway across government.
The purpose of the UN Convention is to promote, protect, and ensure the full and equal enjoyment of all human rights and fundamental freedoms by all persons with disabilities, and to promote respect for their inherent dignity.
The Optional Protocol supplements the Convention, and establishes additional procedures aimed at strengthening the implementation of the Convention. It establishes the competence of the UN Committee on the Rights of Persons with Disabilities, a body of independent experts, to:
- receive and examine communications from or on behalf of individuals or groups of individuals who claim to be victims of a violation of the rights recognised and protected by the Convention.
- undertake inquiries in cases where they receive reliable evidence of grave or systemic violations of the Convention.
In April of this year Minister O’Gorman announced the formation of an Interdepartmental Group that was tasked with expediting work to provide a pathway for accession. The work of that Group has recently concluded, and has ensured that a whole-of-Government approach is taken to adhering to the obligations as set out in the Convention and the Optional Protocol.
While the Optional Protocol does not establish any further rights beyond the scope of the original Convention, it does establish a procedure through which persons can submit a communication to the UN Committee regarding any violation of the rights established under the Convention. The Optional Protocol therefore acts as an important mechanism for implementation of the Convention.
Persons with disabilities can make a complaint to the Committee under the communication procedure. The Committee receives communications in the form of written submissions (either online or by post) from or on behalf of individuals and assesses such communications to establish their admissibility and their merits. Should the Committee deem a communication to be admissible it will examine the complaint, and may ultimately make recommendations as to how the State should rectify the issue in question.
In line with the constitutional and legal position on international agreements, these recommendations are domestically non-binding on the state. The Committee typically convenes twice a year in order to examine these communications.
Complainants must exhaust all domestic remedies in order for the Committee to deem a communication admissible, and one of the advantages of accession to the Protocol is in ensuring that appropriate domestic redress exists for breaches of rights. This means that domestic avenues through which a solution may be found such as judicial proceedings, appeals of lower court decisions, judicial reviews and potentially other enforceable administrative remedies, must be exhausted prior to any complaint being made to the Committee. The Committee may decide that the exhaustion of domestic remedies is not necessary in some cases (where the application of the remedies is unreasonably prolonged or unlikely to bring effective relief).
A communication can be judged inadmissible for a number of reasons such as being anonymous, being examined by another international body at the time of consideration by the Committee, or if the events described in the communication occurred prior to ratification of the Protocol. A communication may also be deemed inadmissible if it is anonymous, or is incompatible with the provisions of the Convention.
For more information on the communication procedure as well as a complaint submission form please visit: https://www.ohchr.org/en/treaty-bodies/crpd/individual-communications
Next Steps
On foot on this Government decision, the Tánaiste and Minister for Foreign Affairs will sign an instrument of accession on behalf of the Government, to be deposited with the Secretary-General of the UN. The Protocol will enter into force with respect to the State on the thirtieth day following the date of deposit.
Accession to the Protocol forms part of Ireland’s broader approach to compliance with the Convention. In that regard intensive work is ongoing across government to develop Ireland’s next National Disability Strategy, which will form the implementation plan to advance delivery of the rights as set out in the Convention over the coming years.