Ireland to accede to optional protocol to UN disability convention

Ireland to accede to optional protocol to UN disability convention

Ireland is to accede to the Optional Protocol to the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD), the government has announced.

The Optional Protocol supplements the Convention — which Ireland signed in 2007 and ratified in 2018 — 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, a body of independent experts. However, accession to the Optional Protocol will give the committee an enhanced accountability role.

The Optional Protocol establishes the competence of the UN Committee 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; and to 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.

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.

Announcing the move yesterday, 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.”

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.”

The Irish Human Rights and Equality Commission, which has long called for Ireland to ratify the Protocol, has warmly welcomed the government’s announcement.

Director Deirdre Malone said: “We welcome the government’s announcement today on the Optional Protocol, and urge the government to commit to full implementation of the Convention of the Rights of People with Disabilities.

“This is a landmark day for disabled people, and the Commission pays tribute to their immense work over the years to get us to this moment.”

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