CAT/C/IRL/CO/2
Symphysiotomy
29.
The Committee expresses concern about the past practice in the State party of
subjecting women and girls to symphysiotomy childbirth operations, which entail surgical
division of a pelvic joint, and at reports that this procedure has caused many survivors to
experience severe pain and suffering that continues to the present. The Committee is
concerned at reports that doctors declined to perform alternative procedures that would
have caused substantially less pain and suffering for religious rather than medical reasons.
While noting that the State party has commissioned studies concerning this practice and has
established a symphysiotomy payment scheme from which more than 570 women have
benefited, the Committee is concerned that it does not provide victims of this practice with
payments calculated on the basis of an individualized determination of their needs (arts. 2,
12, 13, 14 and 16).
30.
The State party should initiate an impartial, thorough investigation into the
cases of women who have been subjected to symphysiotomy, ensure that criminal
proceedings are initiated with respect to any perpetrators of violations of the
Convention and ensure that survivors of symphysiotomy obtain redress, including
compensation and rehabilitation, determined on an individual basis.
Violence against women, including domestic and sexual violence
31.
While noting the steps taken by the State party to address violence against women,
including domestic and sexual violence, and taking note of the updated data provided by the
State party after the constructive dialogue on complaints received and prosecutions
undertaken regarding sexual offences and breaches of domestic violence orders, the
Committee remains concerned that a significant percentage of Irish women reported having
experienced physical and/or sexual violence, and at reports that in many cases the
authorities have not sought appropriate punishments for perpetrators of sexual and domestic
violence. While the Committee welcomes the introduction of the Domestic Violence Bill, it
reiterates its concern that the bill does not presently contain a specific offence of domestic
violence; it welcomes the statement made by the delegation during the constructive
dialogue that the Government is considering the possibility of amending it. The Committee
also reiterates its concern that the bill does not provide an exception for those unable to
afford the minimum contribution required for legal aid. While recalling the Committee’s
previous concluding observations, and taking note of the report of the Citizens’ Assembly
convened by the Government that is expected to be addressed in a referendum in the State
party and of the debate taking place in Ireland on an eventual legislative reform regarding
abortion, the Committee expresses concern at the severe physical and mental anguish and
distress experienced by women and girls regarding termination of pregnancy as a result of
the State’s policies (arts. 2, 4, 10, 12, 13, 14 and 16).
32.
The Committee recommends that the State party:
(a)
Amend the Domestic Violence Bill to include a specific criminal offence
of domestic violence that encompasses physical and psychological abuse committed
within a relationship and to exempt women seeking protection from domestic violence
from the minimum contribution required for legal aid if they cannot afford it;
(b)
Ensure the full implementation of the National Strategy on Domestic,
Sexual and Gender-based Violence 2016-2021, including by gathering data on the
extent of such violence;
(c)
Ensure that all allegations of violence against women, including domestic
and sexual violence, are registered by the police and promptly, impartially and
effectively investigated and the perpetrators prosecuted and punished in accordance
with the gravity of the crime;
(d)
Ensure that State funding for domestic and gender-based violence
services is sufficient to ensure that all victims of these offences, including migrants and
the indigent, have access to medical and legal services, counselling, safe emergency
accommodation and shelters;
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