Cross-Border rights must remain unified after Brexit - Emily Logan

The coherence of the protections for human rights and equality North and South of the Border must be ensured as part of the Brexit process, chief commissioner of the Irish Human Rights and Equality Commission Emily Logan has said.

The commission, which was established in 2014 and publishes its first annual report today, owes its establishment to the Belfast Agreement, as does its sister organisation in Northern Ireland.

Ms Logan said the outcome of the referendum in Britain should not have negative consequences for the uniformity of human rights standards across the island of Ireland. Any future legislative proposals should not undermine commitments contained in the Belfast Agreement, she said.

The Marriage Equality referendum represented a ground-breaking moment for human rights and equality, she added.

Direct provision

Ms Logan called on the Government to ensure the remaining measures in the Working Group report on direct provision are implemented so that people seeking asylum in Ireland can live with a greater degree of respect and dignity.

The annual report shows that the commission, which has the right to grant legal aid to persons involved in cases that concern issues of principle in relation to human rights, approved five such applications during 2015.

It did not approve 26 applications and had 29 applications awaiting a decision at the end of the year.

During 2015 it applied to be joined as amicus curiae, or friend of the court, in two cases, and considered but decided not to apply in two other cases.

In what it describes as a "landmark case", the commission acted as amicus curiae in P vs Chief Superintendent of the Garda National Immigration Bureau, a case that concerned a Vietnamese woman who was discovered by the Garda locked in a cannabis "grow house" and who was charged with drugs offences.

The woman claimed she was a victim of trafficking and that the failure of the Garda to recognise this deprived her of her right to avail of the protection regime for such persons.

The commission argued in court that the State placed too high a burden of proof on alleged victims making such claims.

Following a finding by the High Court that the State’s administrative scheme for the recognition and protection of victims of human trafficking was inadequate to meet its obligations under EU law, the Department of Justice and Equality said new guidelines were being drafted in co-operation with the Garda in response to the ruling.

Admissions policy

The commission also acted in Stokes vs Christian Brothers High School Clonmel, which concerned the admissions policy of the school.

Mary Stokes, the mother of John Stokes, argued that a school policy that gave preference to the children of past pupils discriminated indirectly against children from the Traveller community. The Supreme Court upheld the decision of the High Court, which had ruled in favour of the school.

Following the ruling, which the commission noted, it said it believed that a response was needed from the State and called for forthcoming admission to schools legislation to address equity of access.

During 2015, according to the commission’s annual report, it received 43 notifications that proceedings were taking place where a plaintiff was seeking a declaration that a statutory provision or rule of law was incompatible with the State’s obligations under the European Convention on Human Rights.

Examples of cases where the commission gave legal assistance are given in the report. One case involved an Irish citizen daughter who was to be subjected to a DNA test by the Naturalisation and Immigration Service to determine if paternity was correctly registered on the girl’s birth certificate.

In the event, the service agreed not to proceed, and the family was granted residency.

Another case involved an employee who claimed she was dismissed after informing her employer she was pregnant. The matter was resolved by way of a confidential agreement.