Economic, Social and Cultural Rights Making States Accountable

Transcription

1 Ecoomic, Social ad Cultural Makig States Accoutable Saturday 21 November 2009 PRESIDENTS HALL, LAW SOCIETY OF IRELAND, BLACKHALL PLACE, DUBLIN 7

2 morig sessio TIME EVENT SPEAKERS TOPIC Opeig Ceremoy Mr Joh Costello, Seior Vice- Welcome Presidet of the Law Society of Irelad. Dr Maurice Maig, Presidet of Irish Huma Commissio Pleary Sessio Ecoomic, Social ad Cultural i the Iteratioal ad Natioal Legal Order Chairs of Sessio Mr Joh Costello, Seior Vice- Presidet of the Law Society of Irelad Dr Maurice Maig Presidet of Irish Huma Commissio Opeig Remarks The Ho. Mr Justice Joh L. Murray Chief Justice of Irelad Keyote Address The Ho. Ms Navaethem Pillay Uited Natios High Commissioer for Huma Speaker Professor William Bichy, Commissioer, Irish Huma Commissio Questios Break tea/coffee i sessio rooms The Legal Protectio of Ecoomic, Social ad Cultural Protectig Ecoomic, Social ad Cultural i Irelad Mr Joh Costello, Seior Vice-Presidet of the Law Society of Irelad. Joh Costello is a Cosultat i the Private Cliet Departmet of Beauchamp Solicitors ad has over twety five years experiece i Wills, Admiistratio of Estates, Trusts, Tax Plaig, Wards of Court, ad Powers of Attorey. He also practises i Family Law. He is a former member of the Commissio o the Status of People with Disabilities. He is also a Director of St Michael s House. Dr Maurice Maig, Presidet of the Irish Huma Commissio (IHRC), was first appoited i 2002, ad re-appoited i 2007 for a further five year term. He previously lectured i politics i Uiversity College Dubli where he is curretly Adjuct Professor i the School of Politics ad Iteratioal Relatios. He is Chacellor of the Natioal Uiversity of Irelad, ad has bee a member of the Goverig Authority of the Europea Uiversity Istitute at Florece. Dr Maig has writte several books o moder Irish politics. He was a member of the Oireachtas for twety-oe years, servig i both the Dáil ad the Seaad. He has bee a member of the New Irelad Forum ad the British Irish Iter Parliametary Body. The Ho. Mr Justice Joh L. Murray, Chief Justice of Irelad was Attorey Geeral of Irelad from August to December 1982 ad agai from 1987 to From 1991 to 1999 he was a Judge of the Court of Justice of the Europea Commuities. From 1997 to 2000 he was a visitig Professor of Law at the Uiversité de Louvai. From 2000 to 2003 he was chairperso of the Ati-Fraud Committee of the Europea Cetral Bak. I 1999 he was appoited a Judge of the Supreme Court of Irelad. He was appoited Chief Justice of Irelad i July The Chief Justice is chairma of the Courts Service Board ad the Judicial Appoitmets Advisory Board. The Ho. Ms Navaethem Pillay, Uited Natios High Commissioer for Huma. Ms Pillay was appoited as High Commissioer i Prior to her appoitmet, Ms Pillay served as a judge of the Iteratioal Crimial Court from Ms Pillay, a South Africa atioal, was the first woma to start a law practice i her home provice of Natal i She acted as a defese attorey for ati-apartheid activists, helpig establish key rights for prisoers o Robbe Islad. I 1995, after apartheid, Ms Pillay was appoited as actig judge o the South Africa High Court ad i the same year she was elected to be a judge of the Iteratioal Crimial Tribual for Rwada, ad was its Presidet from 1999 to She played a critical role i the ICTR s groudbreakig jurisprudece o rape as geocide. I South Africa, she cotributed to the iclusio of equality clauses i the coutry s Costitutio. She cofouded Equality Now, a iteratioal wome s rights orgaisatio. Ms Pillay received a BA ad a LLB from Natal Uiversity South Africa. She holds a Masters of Law ad a Doctorate of Juridical Sciece from Harvard Uiversity. Professor William Bichy, Commissioer of the Irish Huma Commissio was first appoited a Commissioer i 2001 ad re-appoited i Professor Bichy is Regius Professor of Laws at Triity College Dubli. He has bee a special legal adviser o family law reform to the Departmet of Justice. As Research Cousellor to the Law Reform Commissio, he advised o reform of law relatig to the status of childre. He has represeted Irelad at the Hague Coferece o Private Iteratioal Law i the areas of marriage ad iter-coutry adoptio. Professor Bichy orgaises the aual Africa workshop o costitutioalism for the Chief Justices ad seior judiciary of Africa states.

3 Ms Moya De Paor, Solicitor, Northside Commuity Law Cetre. Ms De Paor s areas of practice iclude employmid-morig sessio SESSION SESSION 1 SESSION 2 SESSION 3 SESSION 4 SESSION am - 1pm Name Chair Iteratioal Mechaisms Natioal Mechaisms Luch Employmet Mr David Begg, Geeral Secretary, Irish Cogress of Trade Uios Ms Corie Vargha, Seior Labour Law ad Social Dialogue Specialist, Iteratioal Labour Orgaisatio Ms Eilis Barry, Barrister-at-Law Social Welfare Ms Moya De Paor, Solicitor, Northside Commuity Law Cetre Mr Colm O Cieide, Reader i Huma Law, Uiversity College Lodo & member of the Europea Social Committee Mr Michael Farrell, Seior Solicitor, FLAC - Free Legal Advice Cetres Educatio Health Housig Ms Catherie Ghet, Kelleher O Doherty Solicitors Ms Katherie Zappoe, Commissioer, Irish Huma Commissio Mr Coor O Mahoy, Lecturer i Costitutioal Law, Uiversity College Cork Dr Tracey Cooper, Chief Executive, Health Iformatio ad Quality Authority Dr Brigit Toebes, Idepedet Researcher ad Cosultat & Hoorary Lecturer, Uiversity of Aberdee Ms Lidsey Dyer, Director, Users ad Carers, Mersey Care NHS Trust Ms Aidee Hayde, Chairperso of Threshold Dr Padraic Kea, Lecturer i Law NUI Galway Mr Cormac Ó Dúlachái, Seior Cousel Mr David Begg, Geeral Secretary of the Irish Cogress of Trade Uios. Mr Begg was appoited to this positio i For five years prior to that he was Chief Executive of Cocer Worldwide, a iteratioal humaitaria orgaisatio workig i 27 coutries. He is also a Director of the Cetral Bak (sice 1995), a Goveror of the Irish Times Trust, a o-executive Director of Aer Ligus, a member of the Natioal Ecoomic ad Social Coucil (NESC), ad a member of the ESRI Coucil. He also sits o the Executive Committee of the Europea Trade Uio Cofederatio (ETUC). Ms Corie Vargha, Seior Labour Law ad Social Dialogue Specialist, Iteratioal Labour Orgaisatio (ILO). Ms Vargha joied the ILO i 1988 ad has served i various legal positios i the field ad i Headquarters. Throughout these years, she has provided techical advice o comparative labour law ad iteratioal labour stadards to govermets, policy-makers ad uio ad employers orgaizatios leaders. She facilitated a umber of atioal tripartite discussios aroud labour law reforms, icludig whe these reforms were udertake as part of a broader policy ageda such as PRS, private sector developmet, structural adjustmet, etc. Ms Eilis Barry BL has recetly resumed practisig as a barrister specialisig i ati-discrimiatio ad employmet law. She held the positio of legal adviser to ad head of the legal sectio of the Equality Authority for ie years. She has give umerous presetatios ad writte extesively i this area. She is co-editor of Equality I Diversity, The ew Equality Directives (ICEL No 29). met ad equality law, social welfare law ad huma rights law. She was awarded a LLM from Triity College Dubli i She is a member of the Law Society s Employmet ad Equality Law Committee ad has lectured with the Law Society s Law School o huma rights law. Mr Colm O Cieide, Reader i Huma Law at Uiversity College Lodo. He is a graduate of UCC ad is member of the Irish Bar. He has published extesively i the field of huma rights ad ati-discrimiatio law, ad served i 2004 as a member of the UK Task Force o the establishmet of the ew Commissio for Equality ad Huma. He is curretly a member of the Europea Committee of Social that supervises state compliace with the Europea Social Charter. Mr Michael Farrell, Seior Solicitor, Free Legal Advice Cetres (FLAC). Mr Farrell has held this positio sice Prior to that he worked with Michael E. Haahoe solicitors sice 1990, where he worked o crimial law, extraditio, defamatio, persoal ijuries, ad i cases before the Residetial Istitutios Redress Board. Before that he was a jouralist. He was vice chair ad co-chair of the Irish Coucil for Civil Liberties ad has bee a member of the Irish Huma Commissio sice He is also a member of the Huma Committee of the Law Society. He campaiged for the icorporatio of the Europea Covetio o Huma ito Irish law ad has take cases to the Europea Court of Huma, the UN Huma Committee ad the Europea Committee of Social. He has worked recetly i the area of social welfare law for immigrats ad asylum-seekers.

4 mid-morig sessio (c o t i u e d) Catherie Ghet, Solicitor, Kelleher O Doherty Solicitors, Dubli. Ms Ghet qualified as a solicitor i She specialises i public law ad i particular child law ad crimial defece work. She has lectured ad spoke extesively o childre s issues ad has cotributed to public debate o child protectio ad juveile justice issues. She is a member of the Huma Committee of the Law Society of Irelad, has lectured o the Society s PPC II Child Law course ad the Certificate i Crimial Law. Dr Katherie Zappoe, Commissioer of the Irish Huma Commissio. Dr Zappoe has bee a Commissioer sice She is Co-Fouder ad Director of The Cetre for Progressive Chage, Ltd, established to develop ad provide resources for commuity ad social chage withi Irelad ad abroad. Dr Zappoe is a former Chief Executive of the Natioal Wome s Coucil of Irelad. She has coducted a umber of atioal research projects icludig iequality i childre s educatio. She is Co-Fouder ad Chair of A Cosá, a large commuity-based orgaisatio i West Tallaght, Dubli, committed to eradicatig poverty through educatio. Dr Zappoe lectured for a decade i Triity College Dubli o ethics ad huma rights. She is widely published i femiism, ethics, equality issues ad educatio. Dr Coor O Mahoy, Lecturer i Costitutioal Law, Uiversity College Cork is a graduate of UCC (B.C.L., LL.M.) ad the Uiversity of Wales, Aberystwyth (Ph.D.) His research iterests lie broadly i the areas of costitutioal law ad fudametal rights with a particular focus o educatioal rights, special educatioal eeds ad childre s rights. He is the author of Educatioal i Irish Law (Thomso Roud Hall, 2006) ad has published umerous articles i such jourals as the Irish Jurist, Public Law, the Child ad Family Law Quarterly, the Dubli Uiversity Law Joural ad the Irish Joural of Family Law. He is a member of the editorial committee of the Judicial Studies Istitute Joural. He has delivered papers at cofereces i Irelad ad abroad ad cotributed to aalysis i the media. Dr Tracey Cooper, Chief Executive of the Health Iformatio ad Quality Authority, was appoited to the positio i Durig her career, Dr Cooper has worked i ad advised o differet health systems, served o atioal task forces, worked closely with health improvemet bodies i the UK ad with the health ad social care system i Norther Irelad. Dr Cooper graduated from Southampto Uiversity Medical School ad subsequetly held posts i Geeral Surgery ad Accidet & Emergecy i Eglad ad Scotlad. She was Locum Cosultat i A&E i Chesterfield & North Derbyshire Royal Hospital before leavig cliical practice, becomig more ivolved i atioal health reform ad takig up seior maagemet posts i the NHS. She joied the NHS Cliical Goverace Support Team i 2001 ad became Deputy Head ad Director of Operatios i Jauary Dr Brigit Toebes, Idepedet Researcher & Cosultat ad Hoorary Lecturer, Uiversity of Aberdee. Dr Toebes lectures at Copehage Uiversity ad she is ivolved with the Busiess Departmet of the Daish Istitute for Huma (advisig the pharmaceutical idustry o how to implemet huma rights). Dr Toebes mai research iterests are the iterfaces betwee health ad huma rights. From 2005 to 2008 she lectured at the Uiversity of Aberdee School of Law (ad is ow a Hoorary Lecturer there). She was previously a legislative advisor at the Netherlads Coucil of State, where she advised o the reorgaisatio of the Dutch health care sector. Brigit Toebes is the author of a Ph.D. thesis etitled The right to health as a huma right i iteratioal law (published by Itersetia, 1999). Ms Lidsey Dyer, Director, Service Users ad Carers, Mersey Care NHS Trust. Ms Dyer has spet may years eablig people who use health services to effect their rights as a Regioal Director of MIND; Director, Patiets Advice Bureau, North Wester Regioal Health Authority ad as a Commissioer of Metal Health ad Learig Disability Services i Liverpool Health Authority/Primary Care Trusts. Ms Aidee Hayde, Chairperso of Threshold. Threshold is a volutary orgaisatio which aims to secure a right to housig for all ad provide advice ad advocacy to those experiecig housig problems. Ms Hayde is a Solicitor ad member of the Private Residetial Teacies Board, a Govermet body that regulates the private reted sector. She is the author of Policy Cosequeces a study of the 5,000 Surreder Grat i the Dubli Housig Area ad has bee a Visitig Research Fellow i Triity College Dubli. Ms Hayde is curretly chair of the Europea Network of Housig Researchers workig group o Private Reted Markets ad is a Ad Astra Scholar i Uiversity College Dubli where she is completig a study o teat purchase policy. Dr Padraic Kea, Lecturer i Law, NUI, Galway. Dr Kea holds a Ph.D. from NUI. He lectures i property law, housig law ad policy regulatio. Dr Kea published Housig ad Huma (2005). He established the FEANTSA Expert Group o Housig, which was ivolved i the Collective Complait relatig to the breach of Article 31 of the Europea Social Charter by Frace. He has collaborated i the preparatio of the Coucil of Europe Commissioer for Huma, Issue Paper Housig : The Duty to Esure Housig for All, (2008) ad the Recommedatio of the Commissioer for Huma o the Implemetatio of the Right to Housig (2009). Dr Kea is curretly writig Housig Law: ad Policy, to be published i early Mr Cormac Ó Dúlachái, SC is i practice sice He is a former chairperso of Threshold. He has a geeral practice i civil, commercial ad crimial litigatio, ad a special iterest i public law issues particularly housig ad immigratio. He was Cousel for the Plaitiffs i the recet case of Pulle v. Dubli City Coucil i which a declaratio of a breach of Sectio 3(1) of the Europea Covetio o Huma Act 2003 was made arisig from the use of Sectio 62 of the Housig Act, He has participated i mediatio studies at the Harvard Negotiatio Istitute. Recetly he appeared before the Joit Oireachtas Committee o Fiace to discuss legal strategies for dealig with mortgage default ad egative equity.

5 afteroo sessio TIME EVENT SPEAKERS TOPIC Ceremoy Award of Certificates for the Aual Huma Essay Prize Pleary Sessio Usig Ecoomic, Social ad Cultural i the Commuity to hold States to accout Chair Mr Éamo Mac Aodha, Chief Executive, Irish Huma Commissio Speakers Ms Iez McCormack ad Ms Nicola Brow, Participatio ad Practice of Project Closig Address Professor Ala Miller, Chairperso, Scottish Huma Commissio 3.30 Close of Coferece Mr Éamo Mac Aodha, Chief Executive, Irish Huma Commissio. Mr Mac Aodha was appoited i December Prior to that, he was Director of Huma for the Irish Departmet of Foreig Affairs from 2004 ad previously served as Huma Officer at the Permaet Missio of Irelad to the Uited Natios i Geeva. I his role as Director of Huma he was resposible for reportig by Irelad to the Uited Natios o its huma rights record ad for drivig huma rights aspects of Irish foreig policy. Called to the bar i 1990, he has sice worked o political, aid, trade ad Aglo- Irish issues with the Departmet of Foreig Affairs ad has served o diplomatic postigs at the Irish Embassies to the Holy See, South Africa ad Israel. Ms Iez McCormack, Chair of the Participatio ad Practice of Project. The Project is a pioeerig North/South Iitiative ( focused o eablig disadvataged commuities ad groups o the islad of Irelad to access resources ad services through a huma rights-based approach. Origially from Belfast, Ms McCormack became active i the Norther Irelad civil rights movemet i the late 60 s. She the became a trade uio ad equality activist. Ms McCormack is a former Presidet of the Irish Cogress of Trade Uios ad was the first woma to hold this post. She is the seior advisor to the Global Coalitio for Wome s /Worker s ad is joit chair of the Irish North/South Health Services Partership. Ms McCormack is also a writer ad broadcaster. Ms Nicola Brow, Policy ad Research Officer, Participatio ad the Practice of Project. Ms Brow has a LLB i Law from the Uiversity of Dudee ad a LLM i Iteratioal Huma Law from the Uiversity of Nottigham. She worked for four years for the Cetre for Capital Puishmet Studies at Westmister Uiversity i Lodo, which researches peal policy ad practice i death pealty retetioist coutries. She also worked for the Uited Natios High Commissio for Refugees Liaiso Office i Dubli, carryig out appraisals of local asylum policy ad coordiatig family reuificatio procedures for idividuals grated refugee status. Withi the PPR Project Ms Brow works to put iteratioal huma rights stadards at the service of local commuities ad groups. Professor Ala Miller, Chairperso of the Scottish Huma Commissio (SHRC) is the Commissio s first Chair, elected to the positio i Prof. Miller has experiece ad expertise o huma rights grouded i ivolvemet with the legal, academic ad volutary commuities withi Scotlad. He previously ra a law practice i Glasgow ad is a past Presidet of the Glasgow Bar Associatio ad former Director of the Scottish Huma Cetre. He teaches huma rights at the Uiversity of Strathclyde. Prof. Miller has bee egaged with the Uited Natios ad other bodies i capacity-buildig iitiatives i aroud 20 coutries. He has bee a adviser to the Global Busiess Leaders Iitiative o Huma led by Mary Robiso, former UN High Commissioer for Huma. PLEASE NOTE Presetatios by speakers will be posted o the websites of the IHRC ( ad the Law Society of Irelad ( after the coferece. Luch will be provided i the Law Society cafeteria. This year there will be a modest charge for luch.

6 Huma rights are uiversal, ialieable, iterrelated, ad iterdepedet. However, although ecoomic, social ad cultural rights are protected i iteratioal law, primarily through the Iteratioal Coveat o Ecoomic, Social ad Cultural (ICESCR), there has bee a historical distictio made betwee these rights ad civil ad political rights, stemmig from disagreemet betwee States whe draftig detailed legal obligatios arisig from the Uiversal Declaratio of Huma. I 1993, the Viea World Coferece o Huma examied the questio of the relatioship betwee the two sets of rights. A cosesus view emerged that both civil ad political rights ad ecoomic, social ad cultural rights are of equal importace. The resultig Viea Declaratio ad Programme of Actio explicitly provides that all huma rights are uiversal, idivisible ad iterdepedet ad iterrelated. The differece that has bee created betwee the two sets of rights ca clearly be see i the low level of eforcemet mechaisms for ecoomic, social ad cultural rights which exist both atioally ad iteratioally. Recetly, the opeig for sigature of the Optioal Protocol to the ICESCR has recogised the icreasig move i the iteratioal system to rectify this divergece. I December 2008, the UN High Commissioer for Huma, Navaethem Pillay described the sigificace of the Optioal Protocol before the Geeral Assembly i the followig terms: Closig a historic gap i huma rights protectio uder the iteratioal system, the Optioal Protocol represets a veritable milestoe i the history of uiversal huma rights, makig a strog ad uequivocal statemet about the equal value ad importace of all huma rights ad the eed for stregtheed legal protectio of ecoomic, social ad cultural rights. It will move us closer to the uified visio of huma rights of the Uiversal Declaratio. Importatly, it will eable victims to seek justice for violatios of their ecoomic, social ad cultural rights at the iteratioal level for the first time. The obligatios of the Irish State with respect to ecoomic, social ad cultural rights are articulated both withi the Uited Natios system for the protectio of huma rights, ad at the regioal level uder the auspices of the Coucil of Europe ad Europea Uio. However, it must be oted that i relatio to the ature of Irelad s obligatios uder iteratioal law, the costitutioal positio o the status of iteratioal treaties has a critical effect. The aim of this coferece is to examie the iteratioal ad atioal protectio of ecoomic, social ad cultural rights. Specifically, it will examie the iteratioal ad atioal huma rights mechaisms that are i place to eforce the protectio of these rights. The pleary sessios will offer overviews, while the parallel sessios will provide a opportuity to examie i more depth the extet to which these mechaisms hold the State to accout ad how they ca be further stregtheed i that regard. examples of ecoomic, social ad cultural rights Equal right of me ad wome to ejoy ecoomic, social ad cultural rights Right to a adequate stadard of livig, icludig food, clothig ad housig Right to work Right to just ad favourable coditios of work Right to form a trade uio Right to the highest attaiable stadard of physical ad metal health Right to educatio Irish Huma Commissio Fourth Floor, Jervis House, Jervis St., Dubli 1 Tel , Fax ifo@ihrc.ie Law Society of Irelad Blackhall Place, Dubli 7 Tel , Fax geeral@lawsociety.ie