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Publication Briefing note for the United Nations Committee on the Rights of the Child: `Historical' forced separation of unmarried mothers and children through adoption, `boarding out' Mother and Baby Homes, County Homes, Magdalene Laundries and related practices and institutions(Irish Centre for Human Rights, University of Galway, 2023) O'Rourke, Maeve[No abstract]Publication Joint civil society submission to the Irish Human Rights and Equality Commission seeking a human rights-based public inquiry into the experiences of people in residential care during the Covid-19 pandemic and their relatives and staff carers - policy contribution(Irish Centre for Human Rights, University of Galway and Care Champions, 2023-02-22) O'Rourke, Maeve; Beattie, Majella; Moore, Muriel; Robinson, Sarah[No abstract]Publication Keeping the people's voice in power: Coalition statement on the Electoral Act(Coalition for Civil Society Freedom, 2018) O'Rourke, Maeve; Irish Council of Civil Liberties; Amnesty International; The Wheel; Transparency International; Uplift; Front Line DefendersWe are a coalition of civil society organisations working to influence public policy for the benefit of people living in Ireland. The Wheel is Ireland’s national association of community and voluntary organisations, charities and social enterprises. Every day, members of the Wheel are not only active in providing on-the-ground services but are also busy advocating for better living conditions and supports for the communities they represent. The Irish Council for Civil Liberties (ICCL) exists to raise awareness in public of human rights issues, while Amnesty International Ireland researches and campaigns with the aim of preventing and ending grave human rights abuses. Transparency International Ireland is the Irish chapter of the worldwide movement against corruption. Front Line Defenders is an international human rights organisation based in Dublin, which works to advance the protection of human rights defenders at risk in all regions of the world. Uplift is a peoplepowered campaigning tool which allows members of the public to join together online in order to create public pressure for change in laws or policies that cause them concern. Our coalition is deeply worried about provisions inserted in 2001 into section 22 of the Electoral Act 1997 as amended, which appear to prohibit any person or organisation based in Ireland from accepting sizeable or any international1 donations to assist them in influencing public policy. In addition, we are concerned by the impact of the onerous tracking and reporting requirements that attach to small domestic donations. According to the wording of Electoral Act, these donation restrictions can apply to civil society advocacy work all of the time, and not just when advocating an election or referendum result. We believe that section 22 of the Electoral Act violates the Irish Constitution, European law and international human rights law. Our analysis of how the Electoral Act is currently out of step with human rights standards and Ireland’s foreign policy is contained below. We are gravely concerned that Ireland’s democratic values are compromised by the current wording of the Electoral Act.Publication Clann Project submission to the Committee on Children, Disability, Equality and Integration on the General Scheme of a Mother and Baby Institutions Payment Scheme Bill(Clann Project, 2022-05-05) McGettrick, Claire; O'Rourke, Maeve[No abstract available]Publication Submission to the United Nations Human Rights Committee for the list of issues prior to reporting in respect of Ireland for the 130th Session (October - November 2020)(Irish Centre for Human Rights, University of Galway, 2020-08) Angeleri, Stefano; Barry, Keelin; Darcy, Shane; Noir, Maelle; O’Rourke, Maeve; Villena Rodo, JuditThe Irish Centre for Human Rights (ICHR) at the School of Law, National University of Ireland, Galway is Ireland’s principal academic human rights institute. The ICHR undertakes human rights teaching, research, publications and training, and contributes to human rights policy development nationally and internationally. The ICHR has prepared this submission for the purpose of informing the United Nations Human Rights Committee’s (the Committee) List of Issues Prior to Reporting (LOIPR) for Ireland’s fifth periodic review. This submission provides selected research and analysis from the ICHR’s staff and researcher community. It is not a comprehensive account of all relevant issues in Ireland arising under the International Covenant on Civil and Political Rights (ICCPR) and should be read alongside the reports of other civil society organisations. It is supplemented by our recent report to the Committee against Torture (CAT) in advance of its next LOIPR for Ireland, 1 and a report submitted by our Human Rights Law Clinic students to the Committee on the Rights of the Child (CRC) for its upcoming LOIPR for Ireland.2 This Report focuses on the following areas of concern: 1. Non-Ratification of the Optional Protocol to the Convention Against Torture 2. Direct Provision 3. Human Rights Protections in Residential Care Contexts 4. ‘Historical’ Institutional and Adoption-related Abuses 5. Traveller Housing and Institutional Racism 6. Undocumented Migrants’ Access to Basic Services to Enjoy the Right to Life in Dignity 7. Denial of Leave to Enter the State 8. Human Trafficking 9. Hate Crime Legislation 10. Domestic, Sexual and Gender-Based Violence 11. Discrimination against Persons with Disabilities 12. Business and Human Rights Recommended questions are highlighted in bold at the end of each sectionPublication A human rights framework: Background Research for the Truth Recovery Design Process(Truth Recovery Design Panel, 2021-09-27) O'Rourke, Maeve[No abstract available]Publication Mother and baby institutions, Magdalene laundries and workhouses in Northern Ireland: Truth, acknowledgement and accountability: Report of the Truth Recovery Design Panel for the Northern Ireland Executive(Truth Recovery Design Panel, 2021-10) Mahon, Deirdre; O'Rourke, Maeve; Scraton, Phil[No abstract available]Publication Clann Project submission re consultation process on the development of an ex-gratia 'Restorative Recognition Scheme'(Clann Project, 2021-03-31) McGettrick, Claire; O'Rourke, Maeve[No abstract available]Publication Joint submission to the Oireachtas Joint Committee on Justice regarding the General Data Protection Regulation(Justice for Magdalenes Research, 2021-03-26) O'Rourke, Maeve; O'Nolan, Loughlin; McGettrick, Claire[No abstract available]Publication Joint submission to Oireachtas Committee on Children, Equality, Disability and Integration re: General Scheme of a certain Institutional Burial (Authorised Interventions) Bill(Justice for Magdalenes Research, 2021-02-26) Buckley, Sarah-Anne; Conway, Vicky; Enright, Máiréad; Fox, Fionna; Gallen, James; Hayes, Erika; Harney, Mary; Mackin, Darragh; McGettrick, Claire; Ó Fátharta, Conall; O'Rourke, Maeve; Scraton, Phil[No abstract available]Publication Adoption Rights Alliance, JFM Research, Clann Project Briefing Notes re. the Final Report of the Mother and Baby Homes Commission of Investigation(Clann Project, 2021) McGettrick, Claire; O'Rourke, MaeveOn Tuesday 12 January 2021, the Irish Government will publish the Report of the Mother and Baby Homes Commission of Investigation (MBHCOI). The Government has stated that the Report is 3,000-4,000 pages long. We will be responding comprehensively once we have read the Report in full. We emphasise the importance of listening to survivors, adopted people and other people directly affected. We reiterate our concern, stated since 2015, that the MBHCOI has refused to allow mothers, adopted people or any other person affected by abuse to have access to their personal records held by the MBHCOI or to be heard in public. Since 2015, the Clann Project (which is a collaboration between Adoption Rights Alliance (ARA), Justice for Magdalenes Research (JFMR) and Hogan Lovells International LLP) has been gathering witness statements of those affected by unlawful and forced family separation in Ireland. We look forward to the Government fulfilling its promise of 28 October last to implement our recommendations for personal data access and the creation of a dedicated National Archive of institutional, adoption and other ‘care’-related records. The Clann Project’s updated recommendations to Government are outlined below. These recommendations are consistent with and should be read with the Recommendations of the Collaborative Forum of Former Residents of Mother and Baby Homes.Publication Submission to the Joint Committee on Climate Action for pre-legislative scrutiny of the Climate Action and Low Carbon Development (Amendment) Bill 2020: A legislative ban on importing fracked gas(Irish Centre for Human Rights, National University of Ireland Galway, 2020-11-11) Roddy-Mullineaux, Cassie; Fitzpatrick, Sophie; Carney, Colin; O'Rourke, Maeve; McElligott, Johnny; White, Tom; Mitchell, Eddie; Liston, Gerry[No abstract available]Publication Submission to the Scottish Parliament's Education and Skills Committee, on the Redress for Survivors (Historical Child Abuse in Care) (Scotland) Bill(Irish Centre for Human Rights, National University of Ireland Galway, 2020-10-01) O'Rourke, Maeve[No abstract available]Publication Submission to the Office of the Ombudsman regarding its investigation into the administration of the Magdalene ex gratia scheme(Justice for Magdalenes Research, 2017-02-16) O'Rourke, Maeve; McGettrick, Claire; Steed, Mari; O Donnell, Katherine; Smith, James M.[No abstract available]Publication Opinion on the application of the Irish Constitution and EU General Data Protection Regulation to the Adoption (Information and Tracing) Bill 2016 and the Government’s ‘Options for Consideration’(Adoption Rights Alliance, Dublin, 2019-11-05) O’Mahony, Conor; Logue, Fred; O’Rourke, Maeve; Gallen, James; Daly, Eoin; Enright, Máiréad; Ring, Sinéad; McMahon, Rossa; Cahillane, Laura[No abstract available]Publication Shadow report submitted in response to Ireland's Joint 5th to 9th Periodic Report to the United Nations Committee on the Elimination of All Forms of Racial Discrimination(Irish Centre for Human Rights, School of Law, National University of Ireland Galway, 2019-11-04) Barry, Keelin; Darcy, Shane; Kehoe, Helen; Mullineaux-Roddy, Cassie; Mullally, Siobhán; O'Rourke, Maeve; Villena Rodo, Judit; Wrenn, StacyThe Irish Centre for Human Rights (ICHR) at the School of Law, National University of Ireland, Galway is Ireland’s principal academic human rights centre. The ICHR undertakes human rights teaching, research, publications and training, and contributes to human rights policy development nationally and internationally. The ICHR has prepared this Shadow Report for the purpose of Ireland’s 5th to 9th Periodic Review by the United Nations Committee on the Elimination of Racial Discrimination (CERD). This Report provides selected research and analysis from the ICHR’s staff and researcher community; it is not a comprehensive account of all relevant issues arising under the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD) and should be read in conjunction with the reports of all groups that have made submissions to CERD for Ireland’s Periodic Review.1 This Report focuses on the following areas of concern: Continuing problems in Ireland’s International Protection System, particularly regarding access to work, the segregated nature of Direct Provision centres, and the experiences of people with disabilities; Racism and discrimination in public discourse; The need for effective remedies for migrant women in the context of domestic abuse; Access to justice and redress for the ‘historical’ abuses of mixed-race children in institutional residential settings; Discrimination against Traveller communities; Business and human rights, particularly the potential for Irish business enterprises to contribute to and further racial discrimination; Ireland’s inaction on climate change and its contribution to racial discrimination; Migrant workers’ rights; and The rights of victims of trafficking.Publication Submission to the United Nations Committee Against Torture for the list of issues prior to reporting in respect of Ireland for the 69th Session (April May 2020)(Irish Centre for Human Rights, 2020-01) Aglae, Samantha; Barry, Keelin; Burke, Lauren; Crivits, Sien; Dalton, Kelly; Mullally, Siobhán; O'Rourke, Maeve; Shilova, Angelica; Villena Rodo, Judit; Wadhwa, Eesh; Wrenn, StacyThe Irish Centre for Human Rights (ICHR) at the School of Law, National University of Ireland, Galway is Ireland’s principal academic human rights institute. The ICHR undertakes human rights teaching, research, publications and training, and contributes to human rights policy development nationally and internationally. The ICHR has prepared this submission for the purpose of informing the United Nations Committee Against Torture’s List of Issues Prior to Reporting (LOIPR) for Ireland’s third periodic review. This submission provides selected research and analysis from the ICHR’s staff and researcher community, including LLM Candidates participating in the ICHR’s International Human Rights Law Clinic. This submission is not a comprehensive account of all relevant issues in Ireland arising under the United Nations Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (UNCAT). It should be read alongside the reports of other civil society organisations and groups for the LOIPR, including the submission by the Centre for Disability Law and Policy at NUI Galway, focusing on violence against disabled persons. This Report focuses on the following areas of concern: 1. Ratification of the Optional Protocol to the Convention Against Torture (OPCAT) 2. Domestic, Sexual and Gender-Based Violence 3. Human Trafficking 4. Protection from Torture or Ill-treatment in Care Contexts 5. Direct Provision 6. Denial of Leave to Enter 7. Systematic Institutional and Adoption-related Abuses Recommended questions are highlighted in bold at the end of each section.Publication Submission to the Oireachtas Joint Committee on Education and Skills on the provisions of the Retention of Records Bill 2019(Justice for Magdalenes Research, 2019-11-13) O'Rourke, Maeve; Enright, Máiréad; Ring, SinéadSummary of Submission: List of Findings and Recommendations We welcome this consultation on the Retention of Records Bill 2019.1 We are grateful for the opportunity to make a submission to the Oireachtas Joint Committee on Education and Skills and we hope that this consultation will lead to a larger effort to engage with survivors of residential schools and other institutional and gender-based abuses in order to ascertain their views on the Bill. We cannot overstate the potential impact of this Bill's contents on our country’s historical record, on survivors' and their families' personal lives, and on our State's ability to prevent abuse in the future. The Bill deserves the most careful and survivor-focused scrutiny possible. The ‘Report on a Scoping Study on a consultation process with survivors of institutional abuse’ commissioned by the Department of Education earlier this year stated that numerous survivors were worried about the Bill's effects on them.2Publication Ireland’s experience of memorialisation in the context of serious violations of human rights and humanitarian law: A submission to the United Nations Special Rapporteur on the promotion of truth, justice, reparations and guarantees of non-recurrence(Justice for Magdalenes Research, 2020-01-24) O'Rourke, MaeveBackground The systematic sexual, physical and emotional abuses which children experienced in Ireland’s Industrial and Reformatory Schools during the 20th century are discussed in the official report of the Commission to Inquire into Child Abuse2 and the Amnesty International report, In Plain Sight, 3 among many other sources. In 2017, the UN Committee Against Torture (CAT) made several recommendations to Ireland regarding the need to ensure accountability and comprehensive redress for these abuses.4 The CAT’s concluding observations were prompted in particular by a report for the session by the voluntary group, Reclaiming Self.5 The system of arbitrary detention, forced labour and multiple forms of torture or ill-treatment of girls and women in Ireland’s Magdalene Laundries during the 20th century is described in oral histories6 and in written submissions to human rights bodies by the voluntary group Justice for Magdalenes / JFM Research, 7 among other sources. The CAT addressed the Magdalene Laundries abuse in its Concluding Observations in 2011 and 2017.8 The CAT’s recommendations to Ireland regarding the Magdalene Laundries (focusing on the obligations to investigate, prosecute perpetrators, facilitate access to information, and ensure comprehensive redress) have been echoed by the UN Human Rights Committee, 9 the UN Committee on the Elimination of All Forms of Discrimination Against Women10 and the UN Committee on Economic, Social and Cultural Rights.11 The Irish Human Rights and Equality Commission has also made criticisms and recommendations to the Irish Government similar to the UN bodies. 12 The widespread incarceration of unmarried mothers in Mother and Baby Homes and County Homes, and the forced separation of children from their mothers in these institutions and through a broader network of adoption agencies, hospitals and nursing homes, is examined in the report of the voluntary evidence-gathering project, ‘Clann: Ireland’s Unmarried Mothers and their Children: Gathering the Data’, 13 among other sources. Numerous international human rights bodies have issued recommendations to Ireland in respect of these human rights violations in recent years.14Publication Justice for Magdalenes Ireland: Submission to the United Nations Universal Periodic Review(Justice for Magdalenes Research, 2011-10) O'Rourke, MaeveIreland’s Magdalene Laundries were residential, commercial and for-profit laundries operated in Catholic convents by four orders of nuns: The Sisters of Mercyi , The Sisters of Our Lady of Charity, ii the Sisters of Charity,iii and the Good Shepherd Sisters.iv Between the foundation of the Irish Free State in 1922v and 1996, when the last institution closed, an as yet unknown number of Irish girls and women, estimated to be in the tens of thousands, were incarcerated in Magdalene Laundries and forced to carry out unpaid labour because they were perceived to be “promiscuous”, were unmarried mothers, were the daughters of unmarried mothers, had grown up in the care of the Church and State, or were otherwise in vulnerable situations.