Human Rights & Equality

Role of the Committee

Garry_Lee.jpgThe Human Rights and Equality Committee was established in November 2004, with the main purpose of raising awareness in the Law Society, the profession and the public of human rights and equality issues under the European Convention on Human Rights Act 2003, the EU Charter of Fundamental Rights and other national and international instruments. The objectives of the Committee are:

  1. To provide training and education to the profession on human rights and equality law.

  2. To provide expertise to the Law Society and its committees on issues relating to human rights and equality, both domestic and foreign and co-operates with other committees on human rights and equality related work.

  3. To develop resources for use by the profession in relation to the protection and promotion of human rights and equality.

  4. To prepare submissions and commentary on current human rights and equality issues.

  5. To works with and supports other organisations in the promotion of human rights.

  6. To represents the Society at external meetings with Government Departments and appears before Oireachtas Committees.


Chair: Gary Lee

Vice-Chair: Áine Flynn

Members

  • Grainne Brophy
  • Stephen Collins
  • Orla Crowe
  • Kieran Cummins
  • Gary Daly
  • Diego Gallagher
  • Lebeau Jonker
  • Sinéad Lucey
  • Eithne Lynch
  • Shane McCarthy
  • Mary O’Donoghue
  • Ashimedua Okonkwo
  • Thomas Reilly
  • Cristina Stamatescu
  • Rose Wall
  • Sandra Moloney

Secretary: Leo Twiggs


Current issues on the Committee's agenda include:

Ireland

Access to Justice

The Chief Justice has warned that access to justice is an ever-increasing issue within the Irish legal system, not just in terms of accessing courts, but also access to information about legal rights, the law, and the court system. Supports available for people from lower socioeconomic backgrounds or people living with disabilities to become legal practitioners are also lacking.

Criminal Legal Aid

Criminal defence lawyers have been highlighting the “uneconomic and unsustainable” rates of pay for criminal cases across Ireland by participating in protests outside the steps of courthouses, including the Criminal Courts of Justice.

European/International

Ukraine

The Law Society of Ireland condemns the actions taken by Russia against Ukraine and has established a dedicated webpage collating resources for solicitors to manage their professional responsibilities regarding the conflict, and support the international humanitarian efforts available here.

Gary Lee and Stephen Kirwan, Chair and Vice-Chair of the Human Rights and Equality Committee issued the following statement in response to the war in Ukraine:

“There is no legal basis whatsoever for Russia to have invaded Ukraine; the war is illegal and must stop now.

The Charter of the United Nations expressly prohibits war except in self-defence. The Geneva Conventions cover the rules of war and provide protection for, amongst others, civilians.

There are reports of multiple ongoing violations of basic human rights coming out of Ukraine including the right to life, family life, property rights, healthcare, education and disturbing allegations of executions, torture and rape.

Neither civilians nor civilian property can be deliberately targeted, yet we are hearing reports of attacks on civilian infrastructure such as schools and hospitals. There is widespread bombing of residential areas and the use of cluster bombs in these areas. We have seen the city of Mariupol razed to the ground and reports of civilians trying to leave the war zone being deliberately targeted.

These are war crimes. This war must stop and those responsible for war crimes should be held to account for their actions.”

Gary Lee spoke at a Law Society event on Thursday, 7 April 2022 entitled “Upholding the Rule of International Law”. The event provided unique perspectives on the unprovoked invasion from one of Ukraine’s leading lawyers, Anna Babych, followed by a panel discussion on the rule of law and what lawyers throughout Europe can do to help.

News and Resources relevant to the Ukraine are listed below.

Ireland

European Institutions

International Criminal Court

Reports and Articles

Afghanistan

News and Resources

Palestine

News and Resources

Strategic Lawsuit Against Public Participation (SLAPP)

News and Resources

  • Draft EU Directive on protecting persons who engage in public participation from manifestly unfounded or abusive court proceedings (“Strategic lawsuits against public participation”) COM/2022/177 final (available here)
  • Draft Recommendation CM/Rec(20XX)XX of the Committee of Ministers to member states on countering the use of Strategic Lawsuits against Public Participation (SLAPPs) (available here)
  • CCBE position on abusive litigations targeting journalists and right defenders (December 2021) (available here)
  • CCBE position on the draft EU Directive and Commission Recommendation (March 2023) (available here)

Please email any queries to the Committee Secretary, Leo Twiggs.