ICCL criticises reluctance over constitutional protection for ESC rights

The Irish Council for Civil Liberties (ICCL) has criticised the Government’s reluctance to incorporate economic, social and cultural (ESC) rights into the Constitution.

Deirdre Duffy, the ICCL’s deputy director, said she was disappointed that the Government had not given a detailed and evidence-based response to such a recommendation from the Constitutional Convention.

A report submitted by the Convention in 2014 said a large majority of its members supported changes to enshrine ESC rights, but called for “further consideration of the implications of possible reforms”.

The report was debated by the Dáil this week. At an earlier Cabinet meeting, Government ministers reportedly disagreed on whether the measure was appropriate.

Ms Duffy said: “Ireland ratified the International Covenant on Economic, Social and Cultural Rights in 1989, thereby agreeing to protect rights such as housing, health and an adequate standard of living. The State has continuously failed to heed recommendations of UN bodies to give domestic legal protection to these rights.

“Indeed, it is ironic that the Government’s response comes on the same day that Minister for Children and Youth Affairs, Dr James Reilly told the UN Committee on the Rights of the Child that, ‘Constitutional aspirations are not simple to implement, they are not easy, but they are the values we espouse to as a nation.’

“The Government position also demonstrates the continued existence of long refuted myths around legal recognition of economic, social and cultural rights, including, the role of the courts.

“Any further consideration by an Oireachtas Committee of this issue must take place in an open, transparent and timely manner and the report of the Convention must not be allowed to gather more dust than it already has given the Government’s very delayed response on this issue.”