Announced review of equality law timely and necessary says FLAC
FLAC has welcomed the announcement of a commitment to review Ireland’s Equality legislation. The announcement was made by Roderic O’Gorman TD, Minister for Children, Equality, Disability, Integration, and Youth while delivering the Closing Address at Status Check: 20 Years of the Equal Status Acts, a seminar series organised by FLAC and the Law School at Trinity College Dublin. The Minister stated,
“It is now more than twenty years since the introduction of the Equal Status Act, and in that time Ireland has seen huge societal changes. I’m delighted to be announcing this review of Ireland’s equality legislation today at FLAC’s ‘Status Check: 20 Years of the Equal Status Acts’ conference. For decades, FLAC has been central to ensuring equal access to justice to some of Ireland’s most marginalised communities. I look forward to working with them and other interested parties as we progress this review.”
In welcoming the Minister’s announcement, FLAC Chief Executive, Eilis Barry commented:
‘This announcement is not just timely, in light of the twentieth anniversary of the Equal Status Acts; it is also a vital and appropriate policy response to the Covid-19 pandemic. The pandemic highlighted and exacerbated the inequalities in Irish society.
Equality and non-discrimination should have been a driving force of the State’s response to the pandemic, as required by the Public Sector Human Rights and Equality Duty which requires public bodies to have regard to the need to promote equality when carrying out their functions and must be at the heart of our pandemic recovery.’
Throughout June, the Status Check series heard from a diverse range of NGOs, activists, practicing lawyers, and leading academics in the field of Equality. While Ireland was once at the forefront of Europe in terms of Equality law, there are now several serious questions about whether the equality code meets our obligations under European and international law, and provides an effective remedy to all those who experience discrimination.
To restore Ireland’s place as a leader in equality and anti-discrimination law, the planned review must address matters like the overly broad exemptions which currently apply to the State under the equality code; public bodies such as An Garda Siochána must be brought explicitly and unambiguously within the prohibition on discrimination and harassment. The minimal obligations on service providers, schools, and colleges to accommodate people with disabilities also need to be significantly improved.
FLAC welcomes the commitment to introduce a socio-economic status ground to Ireland’s equality legislation. The protected grounds under equality law must be kept under review to ensure they reflect how discrimination is understood and experienced. The legislation must therefore also allow for complaints in cases of overlapping and intersectional discrimination such as that experienced by, for example, Roma women.
Finally, the review must ensure that all those who experience discrimination have access to an effective remedy. Procedural barriers to making discrimination complaints must be removed, and legal aid must be made available to victims of discrimination. Ultimately, the review should seek to ensure that the Equality framework is robust enough to combat discrimination, redress disadvantage and promote equality in a radically different Ireland to that which existed when the Equal Status Acts were introduced more than two decades ago.