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What
to do if you feel your rights have been violated, where to complain
and how to make a case.
There
are a number of options open to you if you feel that your rights
have been abused, ignored or even violated. Before you proceed, its
important to remember that under international human rights
law, you will need to exhaust all domestic remedies first. With this
in mind, I have divided the following information into three parts
dealing with all the
National, Regional and International procedures available.
NATIONAL
PROCEDURES
The Irish Human Rights Commission
The
Commission has four functions which could be described as coming
under the heading of ‘casework’. These are:
(i) to conduct enquiries, subject to certain conditions;
(ii) to offer its expertise to the courts in suitable cases as a
friend of the court (amicus curiae):
(iii) to grant assistance in connection with legal proceedings
involving issues of human rights, subject to certain conditions; and
(iv) to take legal proceedings to vindicate human rights in the
State.
The Commission has produced an Information
Note Regarding Requests for an Enquiry and Applications for
Assistance in Connection with Legal Proceedings which gives
guidance in relation to its enquiry and legal assistance functions.
The Commission has also adopted The
Amicus Curiae Guidelines which are factors the Commission will
consider in deciding whether it should apply to the superior courts
for liberty to appear as an amicus curiae in legal proceedings.
(j)
Provide assistance to persons
Powers
to provide such assistance and limitations are explained in Section
10(2)
Type
of assistance: legal advice or legal representation
·
Provision
of legal advice or arranging for provision of advice
·
Provision
of legal representation or arranging for provision of representation
·
Other
such assistance deemed appropriate
Which
proceedings?
(i) Assistance
for legal proceedings involving law or practice relating to protection of human rights which a
persons has instituted or wishes to institute
(ii)
Legal
proceedings in which a person
relies or wishes to rely on law or practice
For
more information about any of the above, please don’t hesitate in
contacting
Shane
O’Halloran, Development Officer for Aspire on development@aspire-irl.org.
The above information was also sourced from Amnesty International
(Irish Section) and the relevant organizations.
-----------------------------------------------
The Equality Act 2004
Types of Discrimination: Applies to past, present and future
discrimination
·
Direct
discrimination – treating people differently when they are in the
same situation and should be treated the same;
·
Indirect
discrimination – different impact of the same treatment on members
of one group than on another
·
Victimisation
– targeted after having submitted a claim for discrimination
·
Sexual
harassment and harassment
Discriminatory
grounds: (a) gender; (b) martial status; (c) family status; (d)
sexual orientation; (e) religious belief; (f) age; (g) disability;
(h) race, colour, nationality or ethnic or national origins; (i)
member of the Traveller community; (j) victimization ground.
Description
of Discrimination specific to Equal Status Act 2000:
Section
3(1)(a) less favourable treatment; (b) (i) person who is associated
with another person is treated less favourably than a person who is
not so associated and (ii) similar treatment of that person on any
other discriminatory grounds would constitute discrimination or (c)
where an apparently neutral provision puts a person at a particular
disadvantage compared with other persons, unless the provision is
objectively justified by a legitimate aim and the means of achieving
that aim are appropriate and necessary. Includes
a refusal or failure by
the provider of a service to do all that is reasonable to
accommodate the needs of a person with a disability by providing
special treatment or facilities, if without such special treatment
or facilities it would be impossible or unduly difficult for the
person to avail himself or herself of the service.
What
are the ste
ps
for making a Claim?
The
Equality Tribunal, District Court and Circuit Court have roles in
relation to claims under the Equal Status Acts, 2000 to 2004. All
claims (except for claims in relation to discriminating clubs) under
the Equal Status Acts 2000 to 2004 are brought to the Equality
Tribunal which is the quasi judicial body established to
investigate, hear and decide claims under the Equal Status Acts.
Step
1: Written notification
Anybody
wishing to make a claim of discrimination must notify the person
against whom the claim is being made, in writing, within two months
of the date of the most recent occurrence of the discrimination.
This written notification can be done by acquiring and filling out
form ES1 (available from the Equality Tribunal, 3 Clonmel Street,
Dublin 2. Telephone: (01) 477 4100 or www.equalitytribunal.ie). This
notice must identify the nature of the claim and the intent to seek
redress. The complainant who wishes to obtain information must do so
in the written notification. If this written notification is not
sent, a claim cannot be pursued.
People
with intellectual or
ps
ychological difficulties.
A
parent, guardian or other person acting in place of a parent can be
the complainant where a person is unable by reason of an
intellectual or
ps
ychological disability to pursue a claim effectively.
Step
2: Making a claim
If
there is no reply or if the reply is unsatisfactory the complaint
should be referred to the Equality Tribunal within six months of the
discrimination. This written notification can be done by acquiring
and filling out form ES3 (available from the Equality Tribunal, 3
Clonmel Street, Dublin 2. Telephone: (01) 477 4100 or
www.equalitytribunal.ie).
The
Director of the Equality Tribunal for reasonable cause can
1.
Extend
the period of written notification from two to four months,
2.
Extend
the 6 month time limit to 12 months.
(In
exceptional circumstances the Director may waive some or all of the
written notification requirements)...Continued on page 2
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