The Government should take immediate steps to end discrimination against people with mental disabilities, according to a UN committee. It should also propose a constitutional amendment guaranteeing economic, social and cultural rights, in order to meet its obligations under the UN covenant on these issues signed in 1989, according to the committee.
In its report on Ireland the UN Committee on Economic, Social and Cultural Rights expressed regret that the UN covenant of the same name had not yet been implemented in legislation, despite being signed by the Irish State 13 years ago.
The committee noted that no steps had been taken to incorporate or reflect the covenant in domestic legislation, nor had it been invoked in case law. It also expressed concern that the Human Rights Commission, established in law in 2000, was not yet operational. It regretted that the Disability Bill, introduced and later withdrawn by the Government before the election, had not adopted a rights-based approach towards people with disabilities.
Specifically, it regretted that the Bill "contains a clause purporting to remove the rights of people with disabilities to seek judicial redress if any of the Bill's provisions are not carried out".
It continued: "The committee is concerned about the persistence of discrimination against persons with physical and mental disabilities, especially in the fields of employment, social security benefits, education and health.
"The committee is particularly concerned that people with disabilities, including those working in sheltered workshops, do not have the status of employees and therefore do not qualify for the minimum wage arrangements.
"If, however, they do benefit from minimum wage arrangements, they are liable to lose their rights to free medical care."
It recommends a review of sheltered workshops and the adoption of measures to ensure that people with disabilities have full employment rights at work.
"The committee is concerned that a large number of persons with mental disabilities, whose state of health would allow them to live in the community, (are) still accommodated in psychiatric hospitals together with people suffering from psychiatric illnesses or problems," the report says.
The committee also expressed concern that many new households cannot secure adequate and affordable housing. It is also concerned about the 1,200 Traveller families living in roadside encampments without water or sanitary facilities.
It recommends the acceleration of its social housing programme and, for the next review of progress, the provision of up-to-date information on measures taken to provide adequate accommodation for Travellers.
It calls for a common waiting-list for treatment in publicly funded hospitals for privately and publicly insured patients.
The National Association for the Mentally Handicapped of Ireland, which presented a submission to the UN committee when it considered Ireland's implementation of the covenant three weeks ago, called on the incoming government to take immediate action on the report.
The Department of Justice, Equality and Law Reform, which defended the Government's record to the UN committee, pointed out that the committee had praised work done by the Department in the legislative area.
It also pointed out that a new Disability Bill was being considered by an expert consultation team.
This would consider submissions from the disability groups, including the issue of rights-based legislation.
A spokesman for the junior Minister, Ms Mary Wallace, said she would be studying the report.