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A Collective Complaint by Travellers to the European Committee of Social Rights
The Law Centre is working with the European Roma Rights Centre and the Centre on Housing Rights and Evictions in preparing a Collective Complaint to the European Committee of Social Rights against the Irish government for failing to live up to its promises under the European Social Charter by failing to deliver proper accommodation to Traveller families. Some frequently asked questions on the Collective Complaint are answered below.
FAQs:
1. What is the European Social Charter?
The European Social Charter is a regional human rights treaty protecting economic, social and cultural rights. It was drafted by the Council of Europe. It is a complement to the European Convention on Human Rights which protects civil and political rights (which may be described as the rights that are essential to a democracy like freedom of expression, freedom from torture, the right to privacy).
2. What are economic, social and cultural rights?
These rights include education, housing and health. The difference between economic, social and cultural rights and civil and political rights is that civil and political rights such as a right to a fair trial and the right to freedom of expression are recognised in the Constitution as rights that can be litigated therefore you can take the Irish government to an Irish court if your civil and political rights are not protected. Economic, social and cultural rights (such as the right to health) are also recognised by the Constitution but are difficult to enforce through the Irish courts as our Constitution says that these rights "are intended for the general guidance of the Oireachtas… exclusively, and shall not be cognisable by any Court". (This means that if the government interferes with your right to health it is more difficult to take your case to an Irish court but if they interfere with your right to a fair trial it is easier to take your case to court.)
3. What is the Council of Europe?
The Council of Europe is separate to the European Union. It is a political organisation, founded in 1949, to defend the principles of democracy, human rights and the rule of law. Its members are European countries and at the moment it has 47 members. Ireland is one of them. The European Social Charter and European Convention on Human Rights come under the Council of Europe.
4. What is Ireland’s connection to the European Social Charter?
The European Social Charter (ESC) was adopted in 1961 and revised in 1996. On 4th November 2000 Ireland adopted 92 of the 98 paragraphs of the new Charter. Amongst the rights they failed to sign up to was the rights to housing under Article 31. However, it has signed up to Article 16 which guarantees the protection of the family as the fundamental unit in society including the right to family housing.
5. What rights under the European Social Charter is the Irish government not respecting in relation to Travellers?
Article 16 (family housing), Article 30 (poverty and social exclusion), E (non-discrimination), Articles 15, 17, 23 (respect for the disabled, children and the elderly).
6. How is the European Social Charter enforced against governments?
The Charter is monitored by the European Committee of Social Rights. The Irish government reports to the Committee every few years on how it is respecting the rights laid down in the Charter. If Irish citizens are unhappy with the Irish government and believe it is not delivering on its promises under the Charter they may take a "Collective Complaint".
7. What is a "Collective Complaint"?
Ireland has also signed up to the Collective Complaints Procedure. This allows international NGOs (non-governmental organisations) to take cases on behalf of a collective group to the European Committee of Social Rights. This complaint will be by Travellers against the Irish government for the way they have been treated in terms of lack of adequate family housing, lack of access to services, lack of infrastructure (eg: water, electricity) and evictions. In relation to Labre Park it will focus particularly on the failure of the Government to deliver on its promises in relation to redevelopment. In relation to Spring Hill it will focus on the right to health and uninhabitable living conditions.
8. Have there been any other “Collective Complaints” against Ireland?
There have been two Collective Complaints against Ireland. The first was on the issue of corporal punishment of children taken by the World Organisation Against Torture in 2003 resulting in the finding of a violation and the adoption of a Resolution by the Committee of Ministers. The second was about those on Irish pensions living outside the country availing of free travel. It was taken by the International Federation of Human Rights in 2007. No violation was found but the government eventually changes its policy. There have not been any cases in relation to Travellers.
9. Who can take a complaint?
In the case of Ireland only international NGOs (non-governmental organisations) with participatory status can take a case. Ireland has not signed up to the part of the Charter that allows national NGOs (such as ITM) to take a collective complaint).
10. What is an NGO?
An NGO is a non governmental organisation that lobbies the government for change in a particular area. For example Amnesty International lobbies for human rights and the European Roma Rights Centre lobbies for Roma and Traveller rights.
11. Who are the European Roma Rights Centre (ERRC) and Centre on Housing Rights and Evictions (COHRE)?
The European Roma Rights Centre is an international public interest law organisation based in Budapest, Hungary. It is aimed at combating discrimination and human rights abuses against Roma and other Travellers groups (eg: Sinti and Irish Travellers). It is one of the organisations permitted to take a collective complaint to the European Committee of Social Rights.
COHRE is a Geneva-based, international non-governmental human rights organisation founded in 1994. It campaigns for the protection of housing rights and the prevention of forced evictions. COHRE's mission is to ensure the full enjoyment of the human right to adequate housing for everyone, everywhere.
12. Has the European Roma Rights Centre ever taken a case like this before?
The European Roma Rights Centre has taken two successful cases against the Greek and Bulgarian governments for their failure to protect the rights of Roma living in their countries. .
13. What happens after we submit the complaint?
After the complaint is submitted it will be reviewed by the European Committee of Social Rights. If they are satisfied that it may be admitted to be considered by them they will declare it "admissible". Once this happens they will read all the information we have submitted to them about the treatment of Travellers by the Irish government.
14. Will the Irish government have to do anything?
The European Committee of Social Rights will contact the Irish government and ask them to explain why they have failed to provide accommodation for Travellers. If they do not have good reasons the Committee will declare that there has been a "violation".
15. What happens once a "violation" is found?
The Committee of Ministers may then make a recommendation that the Irish government address the problem.
16. What is the Committee of Ministers?
The Committee of Ministers is a political body made up of the Minister for Foreign Affairs for each country.
17. Will this change the situation facing Travellers?
It may do. It will lead to political pressure and public humiliation for the Irish government and will therefore be an effective lobbying tool. It will also mean that someone has listened to the difficulties facing Travellers and acknowledged that the government is at fault and that its treatment of Travellers is wrong and not up to European standards and that they are in breach of their international obligations.
18. Will we receive compensation?
No. Only a small amount of money is usually awarded and this is awarded directly to the international NGO to pay for the cost of taking the case.
19. Will the Irish government be forced by the European Committee of Social Rights to make changes?
No. This is a political matter and the European body cannot force the Irish government to do something it does not want to do. However, the political pressure and publicity may make the government want to make changes.
20. Why would we take a complaint to Europe?
The Irish government have been ignoring the complaints by Travellers for many years and it is time to go over their head to another body that may listen.
21. Is this complaint on behalf of one group of Travellers or all Travellers?
This complaint is on behalf of all Travellers for systemic violations by the Irish government.
22. What will happen if no violation is found?
If no violation is found the European Committee of Social Rights will right a report saying there was "no violation". While we believe this is unlikely, it will still help to bring the matter to the attention of other European countries and may "embarrass" the Irish government into action.
23. What is my role?
This complaint will only be taken if Travellers want it to be taken. It will be the role of the Traveller groups to speak to and help ITM Law Centre in taking this complaint. This will involve regular meetings and the sharing of information about accommodation and redevelopment. If the complaint is successful it will be the role of the Traveller groups to share this information and use it to press for change.
24. Where can I go for further information?
Irish Traveller Movement
Independent Law Centre
4/5 Eustace Street
Dublin 2
www.itmtrav.ie
Tel: (01) 6796577
The Law Centre is working with the European Roma Rights Centre and the Centre on Housing Rights and Evictions in preparing a Collective Complaint to the European Committee of Social Rights against the Irish government for failing to live up to its promises under the European Social Charter by failing to deliver proper accommodation to Traveller families. Some frequently asked questions on the Collective Complaint are answered below.
FAQs:
1. What is the European Social Charter?
The European Social Charter is a regional human rights treaty protecting economic, social and cultural rights. It was drafted by the Council of Europe. It is a complement to the European Convention on Human Rights which protects civil and political rights (which may be described as the rights that are essential to a democracy like freedom of expression, freedom from torture, the right to privacy).
2. What are economic, social and cultural rights?
These rights include education, housing and health. The difference between economic, social and cultural rights and civil and political rights is that civil and political rights such as a right to a fair trial and the right to freedom of expression are recognised in the Constitution as rights that can be litigated therefore you can take the Irish government to an Irish court if your civil and political rights are not protected. Economic, social and cultural rights (such as the right to health) are also recognised by the Constitution but are difficult to enforce through the Irish courts as our Constitution says that these rights "are intended for the general guidance of the Oireachtas… exclusively, and shall not be cognisable by any Court". (This means that if the government interferes with your right to health it is more difficult to take your case to an Irish court but if they interfere with your right to a fair trial it is easier to take your case to court.)
3. What is the Council of Europe?
The Council of Europe is separate to the European Union. It is a political organisation, founded in 1949, to defend the principles of democracy, human rights and the rule of law. Its members are European countries and at the moment it has 47 members. Ireland is one of them. The European Social Charter and European Convention on Human Rights come under the Council of Europe.
4. What is Ireland’s connection to the European Social Charter?
The European Social Charter (ESC) was adopted in 1961 and revised in 1996. On 4th November 2000 Ireland adopted 92 of the 98 paragraphs of the new Charter. Amongst the rights they failed to sign up to was the rights to housing under Article 31. However, it has signed up to Article 16 which guarantees the protection of the family as the fundamental unit in society including the right to family housing.
5. What rights under the European Social Charter is the Irish government not respecting in relation to Travellers?
Article 16 (family housing), Article 30 (poverty and social exclusion), E (non-discrimination), Articles 15, 17, 23 (respect for the disabled, children and the elderly).
6. How is the European Social Charter enforced against governments?
The Charter is monitored by the European Committee of Social Rights. The Irish government reports to the Committee every few years on how it is respecting the rights laid down in the Charter. If Irish citizens are unhappy with the Irish government and believe it is not delivering on its promises under the Charter they may take a "Collective Complaint".
7. What is a "Collective Complaint"?
Ireland has also signed up to the Collective Complaints Procedure. This allows international NGOs (non-governmental organisations) to take cases on behalf of a collective group to the European Committee of Social Rights. This complaint will be by Travellers against the Irish government for the way they have been treated in terms of lack of adequate family housing, lack of access to services, lack of infrastructure (eg: water, electricity) and evictions. In relation to Labre Park it will focus particularly on the failure of the Government to deliver on its promises in relation to redevelopment. In relation to Spring Hill it will focus on the right to health and uninhabitable living conditions.
8. Have there been any other “Collective Complaints” against Ireland?
There have been two Collective Complaints against Ireland. The first was on the issue of corporal punishment of children taken by the World Organisation Against Torture in 2003 resulting in the finding of a violation and the adoption of a Resolution by the Committee of Ministers. The second was about those on Irish pensions living outside the country availing of free travel. It was taken by the International Federation of Human Rights in 2007. No violation was found but the government eventually changes its policy. There have not been any cases in relation to Travellers.
9. Who can take a complaint?
In the case of Ireland only international NGOs (non-governmental organisations) with participatory status can take a case. Ireland has not signed up to the part of the Charter that allows national NGOs (such as ITM) to take a collective complaint).
10. What is an NGO?
An NGO is a non governmental organisation that lobbies the government for change in a particular area. For example Amnesty International lobbies for human rights and the European Roma Rights Centre lobbies for Roma and Traveller rights.
11. Who are the European Roma Rights Centre (ERRC) and Centre on Housing Rights and Evictions (COHRE)?
The European Roma Rights Centre is an international public interest law organisation based in Budapest, Hungary. It is aimed at combating discrimination and human rights abuses against Roma and other Travellers groups (eg: Sinti and Irish Travellers). It is one of the organisations permitted to take a collective complaint to the European Committee of Social Rights.
COHRE is a Geneva-based, international non-governmental human rights organisation founded in 1994. It campaigns for the protection of housing rights and the prevention of forced evictions. COHRE's mission is to ensure the full enjoyment of the human right to adequate housing for everyone, everywhere.
12. Has the European Roma Rights Centre ever taken a case like this before?
The European Roma Rights Centre has taken two successful cases against the Greek and Bulgarian governments for their failure to protect the rights of Roma living in their countries. .
13. What happens after we submit the complaint?
After the complaint is submitted it will be reviewed by the European Committee of Social Rights. If they are satisfied that it may be admitted to be considered by them they will declare it "admissible". Once this happens they will read all the information we have submitted to them about the treatment of Travellers by the Irish government.
14. Will the Irish government have to do anything?
The European Committee of Social Rights will contact the Irish government and ask them to explain why they have failed to provide accommodation for Travellers. If they do not have good reasons the Committee will declare that there has been a "violation".
15. What happens once a "violation" is found?
The Committee of Ministers may then make a recommendation that the Irish government address the problem.
16. What is the Committee of Ministers?
The Committee of Ministers is a political body made up of the Minister for Foreign Affairs for each country.
17. Will this change the situation facing Travellers?
It may do. It will lead to political pressure and public humiliation for the Irish government and will therefore be an effective lobbying tool. It will also mean that someone has listened to the difficulties facing Travellers and acknowledged that the government is at fault and that its treatment of Travellers is wrong and not up to European standards and that they are in breach of their international obligations.
18. Will we receive compensation?
No. Only a small amount of money is usually awarded and this is awarded directly to the international NGO to pay for the cost of taking the case.
19. Will the Irish government be forced by the European Committee of Social Rights to make changes?
No. This is a political matter and the European body cannot force the Irish government to do something it does not want to do. However, the political pressure and publicity may make the government want to make changes.
20. Why would we take a complaint to Europe?
The Irish government have been ignoring the complaints by Travellers for many years and it is time to go over their head to another body that may listen.
21. Is this complaint on behalf of one group of Travellers or all Travellers?
This complaint is on behalf of all Travellers for systemic violations by the Irish government.
22. What will happen if no violation is found?
If no violation is found the European Committee of Social Rights will right a report saying there was "no violation". While we believe this is unlikely, it will still help to bring the matter to the attention of other European countries and may "embarrass" the Irish government into action.
23. What is my role?
This complaint will only be taken if Travellers want it to be taken. It will be the role of the Traveller groups to speak to and help ITM Law Centre in taking this complaint. This will involve regular meetings and the sharing of information about accommodation and redevelopment. If the complaint is successful it will be the role of the Traveller groups to share this information and use it to press for change.
24. Where can I go for further information?
Irish Traveller Movement
Independent Law Centre
4/5 Eustace Street
Dublin 2
www.itmtrav.ie
Tel: (01) 6796577
All rights are reserved by ITM. (c) 2010
