Ireland failing to meet obligations around migrant children rights, says Immigrant Council and Irish Refugee Council
PRESS RELEASE
Tuesday, 24th January 2023
Ireland failing to meet obligations around migrant children rights, says Immigrant Council and Irish Refugee Council
The Immigrant Council of Ireland (ICI) and the Irish Refugee Council (IRC) are today raising concerns around a number of areas where they feel the State is currently failing to meet its obligations under the UN Convention on the Rights of the Child (UNCRC) – a major international human rights treaty that sets out the specific rights of children. The statement comes as Irish government representatives will appear before the UN Committee on the Rights of the Child (the Committee) over the coming days (24-25th January) in Geneva to hear the findings of a review carried out on Ireland’s performance in implementing the Convention.
As part of Ireland’s role in adopting the UNCRC, it is required to submit regular reports on progress, as well as having its performance regularly assessed.
Commenting ahead of the hearing, Brian Killoran, Chief Executive of the Immigrant Council of Ireland said: “In August, we submitted a report to the Committee on Ireland’s record under the UNCRC , which outlined a number of key areas for concern, specifically in relation to children in migrant situations. These concerns are all based on our experience working day-to-day with migrants and their families in Ireland.
“Over five years ago, recommendations were made by the Committee that Ireland needed to adopt a comprehensive legal framework that was in accordance with international human rights standards to address the needs of migrant children and we are concerned at the lack of progress that has been made since. Ireland’s current immigration legal framework is patchwork and fragmented, and as a result, triggers a variety of issues for migrants and their families. Unfortunately, there has been limited progress by the State since these recommendations were made, and with the increased number of migrants entering the country last year – there is more need than ever before for a robust legal framework to protect these vulnerable minors.
“As a result of the lack of consideration given to the needs of migrant children within a legal framework, their interests have been detrimentally impacted in many ways. It is vital that the recommendations from the Committee are taken seriously, and acted upon with urgency, so that we have the correct policies are in place to protect children in Ireland – some of whom are the most vulnerable people in the country.
“Among our key concerns is the lack of civil legal aid for unaccompanied refugee children applying for family reunification with their parents, as these applications are central to their long-term well-being and integration in Ireland. Legal assistance is essential to ensure that these children are able to deal with the complex administrative procedures and legal issues that arise. The lengthy process results in ongoing separation of families for several years, which is not in the best interests of the children or their families.”
Nick Henderson, CEO of the Irish Refugee Council, further explained: “We are concerned at the significant delays in processing family reunification applications, and the impact that such delays have on children, who experience unnecessarily long separation from their family members, and often undertake precarious or dangerous conditions in countries of origin or first refuge while they await decisions.
“We are particularly concerned that the International Protection Act excludes unaccompanied children from family reunification with their minor siblings, where their parents are deceased, and that the law does not make provision for another adult caregiver in those circumstances.
“A further matter of concern is that delays in the international protection system operate to exclude children from family reunification where they turn 18 before their parent is recognised as a refugee.
“We are concerned that the crisis in reception accommodation for people seeking international protection may harm children and have a detrimental effect on their well-being. Problems including overcrowding, use of sub-standard accommodation (including transit centres, tents, hotels), difficulty in accessing supports and education, are likely, we believe, to be having a detrimental and potentially harmful effect on children.”
The detailed report submitted by both organisations to the Committee in August highlight their key areas for concerns and recommendations to the Committee on each topic. Topics covered include: statelessness, citizenship reform, the lack of independent residence permissions for minors, barriers to regularising immigration status for minors, family reunification, the lack of civil aid and persisting difficulties in the identification and protection of child victims of trafficking.
The full report is available here.
ENDS
For more information, contact: Sorcha MacMahon / Áine Kenny, Alice Public Relations, Tel: 087-7585337 / 086-3920452. Email: media@alicepr.com.
Notes to the Editor:
About the Immigrant Council of Ireland
The Immigrant Council of Ireland is the leading national human rights organisation working to defend migrant rights in Ireland. It provides free immigration advice and legal support through its helpline and law centre, as well as campaigning for immigration reform. The Council also provides support to victims of racism and human trafficking, and provides opportunities for migrants to connect with each other and their communities. Visit www.immigrantcouncil.ie for more information. Connect with ICI at:
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Twitter: https://twitter.com/immigrationIRL
About the Irish Refugee Council
The Irish Refugee Council is (IRC) an independent charity which seeks to promote and protect the rights of refugees and people seeking protection in Ireland. IRC does this by conducting policy and advocacy work on issues that affect our clients, working in partnership with those with lived experience, and making recommendations to government and policymakers to advocate for a fair, efficient, and effective international protection procedures. It provides services and support and advocates for humane and dignified protection procedures and responses to people fleeing persecution. IRC provides direct support through education, employment, housing and information and referral services, and provides early legal advice and strategic representation through its independent Law Centre. Visit www.irishrefugeecouncil.ie/ for more information. Connect with IRC at:
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Twitter: @IrishRefugeeCo
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Facebook: Irish Refugee Council
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Instagram: @irishrefugeecouncil
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LinkedIn: Irish Refugee Council
Links to further information:
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Link to the report submitted by the Department of Department of Children, Equality, Disability, Integration and Youth in 2022: https://tbinternet.ohchr.org/_layouts/15/treatybodyexternal/Download.aspx?symbolno=CRC%2FC%2FIRL%2F5-6&Lang=en
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Further information on the UNCRC is available here: https://www.gov.ie/en/press-release/34c44-ireland-submits-combined-fifth-and-sixth-report-to-the-un-under-the-convention-on-the-rights-of-the-child/