Human Rights in Ireland


Why Disabled People and Their Families Fear The December Budget?

The financial crisis on a global and domestic scale is impacting on people with disabilities in many areas of life, most notably through reduced governments budgets translating into reduction of essential services. Posts featured earlier this year on Human Rights in Ireland, see here highlighted the impact of these government cuts thus far and the fears of disability organisations and people with disabilities and their families as to what lies ahead.

Ireland for the past 10 years has been hailed as a success story particularly in the areas of innovation and entrepreneurship. While we watch wistfully as our economic independence is removed from us, one cannot help think where was its innovation and entrepreneurship in creating a better Ireland for its disabled citizens? For the most part, people with disabilities in Ireland did not enjoy the success of the of our “Celtic tiger era” and continued to face persistent high unemployment rates and be at risk of poverty.[1] For example employment rates for people with disabilities published in the CSO Equality in Ireland report 2006[2] found that 26.8% of disabled males were in employment while 16% of disabled females were in employment. Further research carried by the Conference of Religious of Ireland, see here found that over 34.5% of those who are disabled or long term ill are at a risk of poverty. The figure 34.5% was actually an increase on the figure 29.5% which was reported in  1994. While the increase might be only 5%, it is important to highlight it happened against the backdrop of Ireland’s growth years when employment opportunities were plentiful and poverty rates were dropping.

During the growth years, the disability sector benefited marginally from the wealth created. While there are no exact figures for how much services for people with disabilities actually grew. We do know that the passing of the Disability Bill brought with it a multi annual funding plan which provided some funding to an already strained disability sector. However as some commentators at the time suggested, this marginal increase in funding was off set against a historically low starting point. The 2010 budget witnessed a reduction in health expenditure, which brought about a reduction in services for people with disabilities. The Disability Federation of Ireland in a report (see here) examining the impact of the downturn on disability services found that over three quarters of its members (who constitute a wide range of services for people with disabilities) had been impacted by the cuts and these impacts ranged from “putting a freeze” on the development of existing services, non replacement of staff who leave and reductions in new service development.

At times of economic crisis, international law and regional laws to which Ireland has ratified points to basic minimum standards of services and protection for citizens of states (which of course includes disabled people) that cannot be diverted from.These laws are what can be described as rights to certain level of services that are in keeping with human dignity and international standards.

The Committee on the International Covenant on Economic, Social and Cultural Rights (CESCR) in its general comments has provided guidance with regard to government obligations to their citizens in times of crisis or recession. Para 12, General Comment no 3 asks States that even in times of severe resources constraints whether caused by a process of adjustment, of economic recession, or by other factors the vulnerable members of society can and indeed must be protected by the adoption of relatively low-cost targeted programmes” Furthermore CESCR General Commentary no 5  which specifically relates to persons with disabilities para 10 re-iterates the need for protection and suggests that the duty of States to its vulnerable citizens should actually “assume greater rather than less importance in times of severe restraints”  Additional to the commentary built up from the CESCR, the Convention on the Rights of People with Disabilities has a number of relevant provisions related to maintaining the living standards of people with disabilities. See in particular Article 28 (Adequate Standard of Living and Social Protection) which asks the State to assist provide assistance to people with disabilities and their families in the area of disability related expenses and respite care.

However irrelevant the notion of human rights laws seems to the daily struggles of families with disabled children, or disabled adults whose services have been cut, we need to hold our government to account. People with disabilities and their families for many years have endured what amounts to an invasion of their privacy as media outlets tell the real life story behind cuts. Real inclusion of people with disabilities in society goes to the heart of the debate of what type of society is needed in Ireland? One perhaps where the disability community has other options then to bear their lives in an attempt to embarrass or persuade successive governments to provide necessary services.

Recent calls from the general public have been for an accountable government, one its citizens can bring to bear. International treaties such as the CESCR and the CRPD provide us with one mechanism to do this. However, international standards alone are not sufficient and as citizens we must actively engage in changing how our society is structured, certain fora have recently been established with this respect. For example a recent meeting in the RDS asked how could we bring about change as active citizens.

In the meantime, in advance of the budget, an important fact that must be remembered – Inclusion costs money and when it comes to times of crisis, should governments be allowed to devalue what inclusion means? Prudent fiscal management is being sold as the only solution, however short term reductions to bring fiscal expenditure into line also have long term consequences for all of Irelands citizens and particularly for those who are in need of state support to live their lives.


[1] To read more about poverty rates among people with disabilities, refer to Gannon, Brenda and Nolan, Brian Dynamics of Disability & Social Inclusion, 2006; Gannon, Brenda and Nolan, Brian, Disability & Social Inclusion in Ireland, Economic and Social Research Institute, 2005; Both reports available online at http://www.equality.ie/index.asp?locID=105&docID=-1.

[2] Central Statistics Office, Census 2006, Volume 11, Disability, Carers and Voluntary Activities,

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Mary Keogh