Oral Statement to the Pre-Sessional Working Group of the Committee on the Elimination of Discrimination Against Women (CEDAW)
Published: Monday, November 23, 2015
Introduction
I thank the Committee for the opportunity to make this representation on behalf of the National Women’s Council of Ireland (NWCI). As the leading women’s organisation network in Ireland, representing 180 diverse member groups, NWCI are convenors of the Women’s Human Rights Alliance (WHRA), a coalition which has since 2001 promoted a human rights approach to the advancement of women’s rights and equality and monitored the implementation of international commitments.
NWCI are very happy to be contributing to this long overdue and important review. We are also conscious that in this particular process, the List of Issues will play a particularly important role in both initiating and framing the scope of the discussion, we would therefore respectfully encourage the Committee to be as ambitious and comprehensive as possible in their questions to the State and we hope our written and oral submissions might on some way support that goal.
Overview
I will first briefly touch on two key cross cutting mechanisms.
The ‘National Women’s Strategy’
This review is timely as Ireland’s current ‘National Women’s Strategy’ is due to expire next year. The Minister of State for Equality has promised to initiate a new ‘Action Plan for Women’s Equality’. However neither a review nor consultation is yet underway. An EU strategy in this area is also pending.
We respectfully suggest that the Committee might ask the State about any plans for an independent evaluation of the implementation and impact of the current strategy or information on timelines, consultation, targets and resources which will be required to ensure the next plan is effective.
Gender Mainstreaming
In 2005 this Committee recommended that Ireland promote gender mainstreaming in all areas of governance alongside specific women-focused projects to promote gender equality. Gender Mainstreaming is also an EU requirement. However, despite these imperatives and the many tools available, there has been a scaling back of both mainstreaming and targeted measures. Social Impact Assessment in Ireland does not incorporate gender analysis and we are still awaiting gender proofing of local or national budgets. In 2014, an important new Public Service Duty to promote equality and human rights came into force and I know that Irish Human Rights and Equality Commission will discuss that further. It is however important that in addition to these new commitments, the State would also report on existing obligations.
We respectfully suggest that the Committee might ask the State for detailed information on how government departments, public bodies and local authorities have resourced and implemented both existing gender mainstreaming commitments and the new Public Service Duty, including measures to ensure these obligations are reflected within outsourcing or commissioning.
ISSUES
Our written submission offers detailed information and suggestions on a number of areas which we believe should be reflected in the List of Issues,
These Include;
Women in Decision Making particularly the need for positive measures and quotas to increase and diversify women’s participation in Local Government and company boards
Violence Against Women where the recent signing of the Istanbul Convention will need to be backed by speedy ratification and strong resources
Women in Prisons as incarceration of women has increased by over 57% since 2007 with most serving for non-violent offences, including non-payment of fines
Childcare, where Ireland still lags almost last in Europe, spending less than half the OECD average on early years care and education with severe consequences for women’s participation and progress within the workplace.
I will however in my limited time today highlight just three areas
Austerity
Since Ireland was last examined by the Committee in 2005, the global financial crisis and the imposition of austerity measures have had a disproportionate impact on women in Ireland. Women in couples experienced a 14% loss in income compared to 9% for men and there has been regression in relation to progress previously achieved. The gender pay gap and gender pension gap have both widened and women have been at the frontline of opportunistic erosion in pay and conditions with many women now in precarious contracts without fixed hours. Recent Government research identified some possible solutions measures but action has yet to be taken.
Austerity has been particularly harsh on groups already at risk of poverty and exclusion – 81% of Traveller women are without work, Women with disabilities have lost crucial supports, and recent statistics show that a shocking 63% of single parents experience material deprivation.
It is women, through unpaid care work, who have bridged many new gaps in public services. Budget cuts and funding restrictions have also affected frontline advocacy and support, reducing the capacity of women’s organisations to protect or promote the rights of women.
We respectfully suggest the Committee might ask the State what measures it is taking to assess and address the regressive impact which austerity has had on women, restore supports to national and community-based women’s organisation, reduce the gender pay gap and ensure such goals are reflected in high level fiscal decision making.
Legacy
Gender Stereotyping and the Irish Constitution
The CEDAW Committee has previously expressed serious concern at the stereotypical views of the roles of women in the family and society enshrined in Article 41.2 of the Irish Constitution. In 2013, a special Constitutional Convention of citizens and public representatives, asked to review certain aspects of the constitution, recommended the replacement of that Article with a gender neutral clause on the value of care work in Irish society.
In 2014, the same group also recommended that protection of Economic, Social and Cultural rights should be strengthened within the Irish Constitution. The Government has not yet responded to either of these recommendations despite being required to do so within four months of a report.
Pensions
One very tangible way in which the legacy of stereotyping and the undervaluing of care still impacts on women in Ireland is through the severely reduced pension entitlements of older women. Only 16% of those receiving a full State Contributory Pension are women and many still feel the impact of the Marriage bar which forced them to give up their jobs after marriage. There seems to be a lack of political will to address these historic and current inequities. Moreover, introduction of care credits and the widening gender pension gap of 37% should be centre stage in any future pension reform.
Symphysiotomy
Symphysiotomy and pubiotomy surgeries involved sundering the pelvis to enable vaginal birth and were common in Irish Catholic teaching hospitals between the 1940s and 1980s, despite Caesarean section being the internationally established treatment for difficult births at that time. Patient consent was rarely sought for these operations which often led to life-altering side effects, ranging from chronic pain and incontinence to significant disability and mental suffering. Survivors have brought their experience to the UN Committee on Torture and the practice in Ireland has been criticised in the strongest terms by the UN Human Rights Committee. A 2014 Government review of symphysiotomy excluded unpublished data and survivor testimony and failed to impartially investigate the practice of symphysiotomy. The Redress Scheme initiated that year offered very limited compensation and also required women to waive further rights and entitlements before payment would be made.
Magdalene Laundries
Over 10,000 girls and women were imprisoned, forced to carry out unpaid labour and subjected to psychological and physical mistreatment within the Magdalene Laundries, operated by religious orders, with the last one only closing in 1996. Following a 2014 report, the Government issued a formal apology to women and girls for its involvement and instituted a scheme of redress. However survivors still seek a full independent inquiry which includes their testimony. The terms of the current Restorative Justice Scheme, require women to waive future right of action against the State or any other body or agency. Following further revelations about ‘Mother and Baby Homes’ in 2014, including discovery of mass graves another independent Commission of Inquiry has recently been established
We respectfully suggest that the Committee ask the State what steps are being taken;
- To replace Article 41. 2 with clause on the value of care and integrate ESCR into Constitution.
- To address historic pension inequalities and introduce a Care Credit within Social Protection
- To deliver full, independent inquiries into both Symphysiotomy and the Magdalene Laundries, inclusive of survivors testimony and with consequences, such as prosecution, for perpetrators.
- To facilitate rather than obstruct access to judicial remedies for victims by ensuring redress scheme waivers never ask survivors to waive their constitutional rights.
- To implement Justice Quirke’s 2013 restorative justice proposals on institutional violence.
Sexual and Reproductive Rights
Article 40.3.3, the eighth amendment to the Irish Constitution grants a foetus equal legal protection to a pregnant woman. As well as being inconsistent with international human rights law this causes real harm to women. UN treaty bodies have consistently criticised the Ireland’s abortion laws and in 2005 the CEDAW Committee expressed their concern about the consequences of the very restrictive abortion laws in Ireland. Unfortunately over the decade since then we have seen some of those consequences.
Following high profile cases of harm and avoidable death for women, the Government introduced the Protection of life During Pregnancy Act (PLDPA) in 2013. However, constitutional and ideological constraints within its framing mean that this legislation is deeply unworkable and indeed may even increase the chilling effect of fear of criminalisation. Abortion remains unlawful in Ireland except to save a woman’s life, with potential criminal sentences of up to 14 years hanging over women or doctors. This even impacts on the provision of information and wherever there is a potential conflict with foetal existence, doctors are prevented from making clinical decisions in the best interests of safeguarding a woman’s health or dignity.
These laws impact on many women in many different ways including the damaging message they send about trust, but they do not prevent abortion, as thousands of women still travel from Ireland to the UK every year. This silent travel can however contribute to isolation and distress, including that experienced by women seeking terminations for medical reasons such as fatal foetal abnormalities. Moreover there are many women who face serious economic, social or legal obstacles to travel. In 2014 this was highlighted by the horrifying case of Ms. Y, a young woman who had been subjected to sexual abuse prior to seeking asylum in Ireland. Deeply distressed to find herself pregnant she sought an abortion, but found herself forced to navigate a gruelling process involving multiple state agencies and a number of court hearings including one in relation to forced feeding. Ms. Y was eventually compelled to agree to a caesarean section against her personal wishes.
This highlights in the unworkable, discriminatory and brutal nature of the current legal situation around access to abortion in Ireland. In 2014 the UN Human Rights Committee highlighted that Ireland was treating women ‘as vessels’. Most recently UNCESCR have expressed their concern.
Until the 8th Amendment, Article 40.3.3, is removed from the Irish Constitution, Ireland will never be able to deliver health or equality rights for women. This issue is now front and centre of public debate, with an ever wider coalition of civil society groups calling for a national referendum.
We strongly urge the Committee to ask the State how and when they will implement the recommendations of the UNHRC and UN CESCR, hold a referendum to repeal Article 40.3.3 of the Irish Constitution, decriminalise abortion and repeal the Abortion Information Act 1995.
CONCLUSION
As my last remark I would like to ask the committee to ensure that in answering each question on the List of Issues, the Irish Government offer information and answers for all groups of women, including those who experience intersectional discrimination on the basis of ethnicity, gender and other factors. Life expectancy for Traveller women is for example still over 11 years less than women in the general population, while access to employment is restricted for women who are asylum seekers. This would also reflect the principle of universality seen in the new Sustainable Development Goals.