Ireland's record in looking after vulnerable people is graphically spelt out by the Council of Europe, writes Jamie Smyth, European Correspondent
COMMISSIONER FOR human rights Thomas Hammarberg didn't pull any punches when he presented his report on Ireland's human rights record to the Council of Europe's committee of ministers in Strasbourg yesterday.
His 58-page analysis of Government policy lays bare his office's assessment that the standard of care currently provided to vulnerable groups in society such as children, asylum seekers, Travellers and psychiatric patients is unacceptable.
He pinpoints deficiencies in the provision of professional care for children in State accommodation centres and care homes. He also identifies discrimination between the level of care provided to Irish children in care and that provided for non-national children separated from their parents who travel to the Republic.
He notes large numbers of these separated children that have gone missing from State-provided accommodation (the Health Services Executive says 313 children disappeared between 2001-2005) and raises the spectre that the most vulnerable children may fall victim to trafficking.
This trend towards favouring Irish children above those of migrants, refugees and asylum-seekers is also identified in a section of his report dealing with access to education. He notes the well-documented case of a school in Balbriggan, which is almost entirely composed of African pupils who were not admitted to Catholic schools due to priority given to Catholic applicants.
"This case had attracted particular controversy and criticism as regards insufficient preparation for residential and educational integration of immigrant communities," says the report.
However, he welcomes a Government initiative to pilot community schools facilitating various religions.
Mr Hammarberg also criticises the standard of care available for people with psychiatric illnesses and the inadequate facilities provided at the Central Mental Health Hospital, which was built in the 1950s and he says is "clearly not suitable to meet today's care standards".
Child psychiatric services remain underfunded and underdeveloped, which means 16-17-year-olds continue to be treated in adult psychiatric centres and can face waiting periods of between three to five years for assessments, according to the report.
It also notes that 3,000 children are on assessment waiting lists and 300 children are being treated every year in adult psychiatric hospitals.
The report also grapples with the emotionally charged abortion issue by recommending that politicians legislate to give clarity to doctors on the conditions under which an abortion can be performed legally. It says the X case in 1992 provided for abortion when the life of a mother was in danger but in practice abortions are largely unavailable under all circumstances.
It also recommends a total ban on corporal punishment in the family home, arguing that the Government could face legal action under the European Convention on Human rights for not outlawing the practice. The report also recommends that the Government should put in place a proper inspection regime at airports to ensure terrorist suspects cannot be rendered through its territory by foreign governments.
The report addresses many other areas of concern such as shortcomings in the proposed Immigration, Residence and Protection Bill, which may lead to unfair treatment of asylum-seekers and undocumented migrants. But it also praises the Government for instituting reforms that have boosted the protection of human rights. For example it welcomes the establishment of an Ombudsman for Children and the Government's plan to hold a constitutional referendum on the rights of the child. It also praises the Garda Ombudsman, which it says is a model for other states to follow.
The Government, which was provided with an advance copy of the report, says it will consider carefully its recommendations. It also provides a detailed assessment of progress it has already made on each of the 34 recommendations made by the commissioner.
The full report and the Government's response are available at www.commissioner.coe.int