Post on 13-Mar-2016
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The Impact of the The Impact of the Habitual Residence Habitual Residence Condition on Travellers Condition on Travellers and Roma in Irelandand Roma in Ireland
22 March 2012
Tanya Ward, Chief Executive, Children’s Rights Alliance
About the Children’s Rights About the Children’s Rights Alliance Alliance The Children’s Rights
Alliance is a coalition of over 90 organisations
Pavee Point is a member
The Alliance was set up in 1993 to promote the implementation of the UN Convention on the Rights of the Child in Ireland
About the UN Convention on About the UN Convention on the Rights of Children the Rights of Children The Convention came into effect in Ireland nearly twenty
years ago
Most widely accepted human rights convention internationally
Children’s rights differ from other human rights
They take account of the vulnerable situation of children i.e. they are largely dependent on adults for their welfare
They provide signposts to help us make better decisions for children
About the UN Convention on About the UN Convention on the Rights of Children the Rights of Children
Children’s rights cover a child’s developmental and age appropriate needs
For example, “development” is very broad and means embracing a child’s physical, mental, spiritual, moral psychological and social development
The Irish Government is required to create conditions that promote the wellbeing of all children particularly during the child’s early years
How is the Convention How is the Convention monitored?monitored? Ireland is required to submit reports
on how it does under the Convention
This report is submitted to the UN Committee on the Rights of the Child in Geneva
The Government goes to the Committee to discuss how it is protecting children
The Committee makes recommendations to the Government – this has led to positive outcomes for children
The Problem?The Problem? The Habitual Residence Condition
(HRC) is a restriction placed on certain social welfare entitlements
Focusing in Child Benefit, there is no restriction on families from within the European Economic Area and who are in employment
Factors taken into account when determining a person’s main centre of interest
Factor 1 - Length and continuity of residence in Ireland or in any other particular country
Factor 2 - Length and purpose of any absence from Ireland
Factor 3 - Nature and pattern of employment
Factor 4 - Applicant's main centre of interest
Factor 5 - Future intention of applicant concerned as they appear from all the circumstances
Why does Child Benefit Why does Child Benefit matter? matter?
Child Benefit is paid for each child under the age of 16 and up to 18 years is the child is still in full-time education
Introduced as a universal anti-poverty payment and is largely the only privilege or benefit that families receive
Child Benefit does not contribute to an unemployment trap
It is particularly valuable for women who may not receive a fair share of the household income
Crucially it also provides some security to families
(1) Protection from (1) Protection from Discrimination Discrimination The principle of non-
discrimination is fundamental to every human rights treaty
Focus on discrimination is because of how people were targeted in Second World War for genocide, including the Roma
The Convention requires the Government to make sure that every child in the country is not discriminated against on any basis including because of their parent’s or legal guardian’s ethnic, national or social origin
(1) Protection from (1) Protection from Discrimination Discrimination Young children are especially at risk of discrimination –
they are relatively powerless
When looking at discrimination, you need to examine the cause and the harm
Here the cause is due to the parents employment status or national origin
The harm is denying the child access to a benefit that nearly every other child in the country gets
(2) The Best Interests of the (2) The Best Interests of the Child Child
The Convention is clear that in any actions concerning children – the best interests shall be a primary consideration
What does this mean?
How is the best interests of those children being served by denying their Child Benefit?
Concerns about welfare tourism cannot override the needs of vulnerable children in this country
(3) Right to Survival and (3) Right to Survival and Development Development
Children have a right to life, survival and development
Children have a right to a standard of living adequate for their physical, mental, spiritual, moral and social development
The Government is supposed to provide material assistance and support programmes particularly in relation to nutrition, clothing and housing
How are these rights being provided for children when they are denied Child Benefit?
Conclusion Conclusion This issue is likely to be a
focus on the UN Committee on the Rights of the Child if it is not resolved before Ireland’s next examination
The key aspect of the Habitual Residence Conditions needs to be rewritten taking account of the rights of children
Other areas that need to be looked at - Maternity and Infant Scheme