In the High Court, the Irish Human Rights and Equality Commission (IHREC) has asserted that the Government has not fulfilled its international commitments to address the basic needs of all refugees. This state-funded human rights body advocated for the court to issue orders that would mandate the government to rectify the ongoing circumstances.
The court started hearing the case brought by the IRHEC challenging the absence of “material reception conditions” for numerous adult male applicants seeking international protection. This happens to be the first instance the commission has invoked its powers, under the IHREC Act of 2014, to file representative cases concerning the rights of others.
On December 4th, it was made public that for the second time, the State was unable to provide all new arrivals with shelter. EOin McCullough, the IHREC’s chief counsel, informed the court on Wednesday that as of May 10th, there were still 1,715 applicants with pending accommodation offers.
McCullough emphasised that shortage of resources “cannot be an alibi” for not addressing the essential needs of refugees, as dictated by Article 1 of the Charter of Fundamental Rights of the European Union. Despite the State’s assertions that it’s “doing its utmost” and the IHREC’s request is technically unsuitable, McCullough insisted that it’s indeed obligatory for the court to grant the sought-after orders.
He stated that this responsibility of the State is not just about ‘best endeavours’ but is a ‘legally enforceable obligation’. In his view, the failure to shelter these men and safeguard their physical and mental well-being equates a violation of their rights, with a hazard to their security and health while homeless.
This plea by the commission comes in the wake of the April 2023 ruling by the High Court declaring that the Minister for Integration was in violation of his duties as he did not provide adequate accommodation to an Afghan refugee, who became a beggar on his arrival in the State. The court stated that a €28 voucher for Dunnes Stores and the contacts of private charities fell seriously short of the requirements.
Following this, the State has increased the weekly handout to homelessness victims by €75 and implemented formal agreements with charities to offer them food and hygiene facilities. The Minister, Attorney General, and Ireland are currently disputing the commission’s case and dismiss the claim that Ireland isn’t fulfilling its obligations.
Mr McCullough expressed his view that the recently introduced weekly allowance of €113.80 is inadequate and decidedly doesn’t afford the men the means to provide their own accommodation. He declared that the monetary rise and additional modifications do not level the playing field with the State. Continuation of the three-day hearing is expected before Mr Justice Barry O’Donnell this coming Thursday, marking the commencement of the State’s defence.