CAT/C/IRL/CO/2 (e) Ensure the provision of post-abortion health care for women irrespective of whether they have undergone an illegal or a legal abortion. Female genital mutilation 33. While the Committee welcomes the State party’s adoption of legislation criminalizing the removal of a girl from Ireland for the purpose of female genital mutilation and failing to report the crime to authorities, it remains concerned at reports that the law has not been used as a basis for prosecuting perpetrators, despite the fact that the number of women affected by female genital mutilation in Ireland has increased during the reporting period. 34. The Committee recommends that the State party investigate and prosecute the crime of removing a girl from Ireland for the purpose of committing female genital mutilation, step up its efforts to deter this practice and reconsider its position regarding amending the double criminality requirement in its domestic legislation, noting that another State party’s failure to criminalize the practice does not relieve Ireland of its obligations under the Convention. Abuse of older persons and persons with psychosocial disabilities in residential care 35. The Committee is concerned at reports that older persons and other vulnerable adults are being held in public and privately operated residential care settings in situations of de facto detention, and at reports of cases in which such persons were subjected to conditions that may amount to inhuman or degrading treatment, including the improper use of chemical restraints. The Committee regrets that although the State party has enacted new legislation — the Assisted Decision-making (Capacity) Act 2015 — that will substantially alter its procedures regarding involuntary confinement in such facilities, the substantive provisions of this law have not been commenced and, as a result, the Lunacy Regulations (Ireland) Act 1871 continues to be in effect. The Committee is further concerned at reports that the authorities currently entrusted with monitoring residential care facilities are not sufficiently independent nor adequately resourced to perform this function effectively, and at reports that the Ombudsman cannot receive complaints about clinical judgments in privately operated nursing homes. 36. The State party should prioritize the commencement of the Assisted Decisionmaking (Capacity) Act 2015 and provide adequate resources for its implementation and repeal the Lunacy Regulations (Ireland) Act 1871 as expeditiously as possible, and ensure that the capacity of persons who are presently deemed wards of the court is reviewed under the new legislation and that those undergoing such reviews are entitled to legal aid. The State party should also ensure that the Inspection of Places of Detention Bill provides for independent monitoring of residential and congregated care centres for older people and people with disabilities within the national preventive mechanism, and that people residing in such facilities can submit complaints, including regarding clinical judgments, to these independent monitors. The State party should also ensure that all allegations of ill-treatment in residential care settings are promptly, impartially and effectively investigated by its authorities, that the perpetrators are prosecuted and punished and that victims are provided with redress. Follow-up procedure 37. The Committee requests the State party to provide, by 11 August 2018, information on follow-up to the Committee’s recommendations on the ratification of the Optional Protocol, on strengthening the independence of the Garda Síochána Ombudsman Commission, and on investigating allegations of ill-treatment of women in the Magdalen laundries and ensuring that all victims obtain redress (see paras. 8, 20 and 26). In the same context, the State party is invited to inform the Committee about its plans for implementing within the coming reporting period some or all of the remaining recommendations in the concluding observations. 11

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