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