Section 1. Respect for the Integrity of the Person, Including Freedom from:
a. Arbitrary Deprivation of Life and Other Unlawful or Politically Motivated Killings
There were no reports that the government or its agents committed arbitrary or unlawful killings.
There were no reports of disappearances by or on behalf of government authorities.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment
The law prohibits such practices, and there were no reports government officials employed them.
Prison and Detention Center Conditions
The majority of prisons met international standards, but some failed to meet prisoners’ basic hygiene needs.
Physical Conditions: As of August 30, prisons overall held fewer inmates than the official capacity of the system, although five facilities exceeded capacity. One women’s prison operated at capacity.
At times authorities held detainees awaiting trial and detained immigrants in the same facilities as convicts.
The Prison Service reported the increased use of restricted regimes was to address the risk presented by COVID-19. The Prison Service said it was guided by the advice of national public health experts and took measures consistent with prison-specific guidance of the World Health Organization.
The Mental Health Commission, an independent government-funded body, and other human rights groups continued to criticize understaffing and poor working conditions at the Central Mental Health Hospital in Dundrum, the country’s only secure mental health facility.
Administration: The Office of the Inspector of Prisons, an independent statutory body, has oversight of the complaints system. Prisoners can submit complaints about their treatment to the prison service.
Independent Monitoring: The Office of the Inspector of Prisons published its Framework for the Inspection of Prisons in Ireland on September 15; however, no prison inspection report has been published since 2014. Nongovernmental organizations (NGOs), including the Irish Penal Reform Trust, reported that the office does not have adequate resources to fulfill its statutory responsibility.
The government permitted visits and monitoring by independent human rights observers and maintained an open invitation for visits from UN special rapporteurs.
e. Denial of Fair Public Trial
The constitution provides for an independent judiciary, and the government generally respected judicial independence and impartiality.
Section 2. Respect for Civil Liberties, Including:
Academic Freedom and Cultural Events
There were no government restrictions on academic freedom or cultural events.
c. Freedom of Religion
e. Status and Treatment of Internally Displaced Persons
f. Protection of Refugees
The government cooperated with the Office of the UN High Commissioner for Refugees (UNHCR), the International Organization for Migration, and other humanitarian organizations in providing protection and assistance to refugees, asylum seekers, stateless persons, and other persons of concern.
Access to Asylum: The law provides for granting refugee or subsidiary protection status, and the government has established a system for providing protection to refugees. Asylum seekers whose initial applications are rejected can appeal the decision. Asylum seekers have access to legal advice.
NGOs continued to express concern over the length and complexity of the application and appeal processes. In 2019 the average length of stay in “direct provision” was 22 months. Direct provision is a system that includes housing, meals, a weekly cash allowance, access to health care, and education for children.
Safe Country of Origin/Transit: The country generally follows the EU’s Dublin III Regulation, which permits the return of asylum applicants to the EU member state of original entry for adjudication of asylum claims. As of August the government received 72 asylum seekers who were rescued in the Mediterranean Sea.
Employment: An individual seeking asylum can access the labor market nine months after submitting an application for international protection. As of September 16, the government received 7,328 applications for labor market access. Of these, 1,811 were refused and 5,322 granted, with 195 pending.
Access to Basic Services: The country employs a system called “direct provision” for asylum seekers. As of July, 77 percent of asylum seekers remained in the government-run support system for less than three years, almost the same as the previous year. The Irish Refugee Council, the national ombudsman, and the UNHCR expressed concern over the detrimental effects of long stays in direct provision accommodation. In 2018 the direct provision facilities reached capacity, which required the government to house asylum seekers in emergency accommodations in hotels around the country. As of September, 1,204 individuals were in emergency accommodation, including 240 children. NGO representatives said the government’s overreliance on emergency accommodations led to serious difficulties for asylum seekers to access basic services, including health care and education.
Durable Solutions: The government operated a resettlement program to accommodate up to 200 persons referred by the UNHCR or identified through selection missions to UNHCR refugee operations. Under the Irish Refugee Protection Program, the government committed to accepting 4,000 refugees, including 2,622 via the EU relocation program. From the inception of the program through September, a total of 3,358 persons arrived in the country. The government provided a postarrival cultural orientation program and civics and language courses.
Temporary Protection: The government provided temporary protection (subsidiary protection) to some individuals who may not qualify as refugees and granted such protection to 161 persons in 2019. Such individuals were entitled to temporary residence permits, travel documents, access to employment, health care, and housing. The government did not make determinations on subsidiary protection status at the same time as determining asylum status. This caused delays, as a separate determination on subsidiary protection could take from several months to more than a year to complete.
Section 4. Corruption and Lack of Transparency in Government
The law provides criminal penalties for corruption by officials, and the government generally implemented the laws effectively. There were no reports of central government corruption during the year.
Corruption: There were isolated reports of low-level government corruption.
Financial Disclosure: Elected and appointed officials as well as civil servants at the higher grades are required to furnish a statement in writing to the Standards in Public Office Commission of their financial interests and the interests of their spouse or civil partner and any child that could materially influence the person in the performance of official functions. The commission verifies the disclosures and makes public the financial disclosures of elected officials. There are criminal and administrative sanctions for noncompliance. There were no reports of noncompliance.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
Rape and Domestic Violence: The law criminalizes rape, including spousal rape, and does not make a distinction between men and women. The government enforced the law. Most convicted persons received prison sentences of five to 12 years. The law also criminalizes domestic violence. It authorizes prosecution of a violent family member and provides victims with “safety orders,” which prohibit the offender from engaging in violent actions or threats, and “barring orders” (restraining orders), which prohibit an offender from entering the family home for up to three years. Anyone found guilty of violating a barring or an interim protection order may receive a fine, a prison sentence of up to 12 months, or both.
Sexual Harassment: The law obliges employers to prevent sexual harassment and prohibits employers from dismissing an employee for making a complaint of sexual harassment. Authorities effectively enforced the law when they received reports of sexual harassment. The penalties can include an order requiring equal treatment in the future, as well as compensation for the victim up to a maximum of two years’ pay or 40,000 euros ($48,000).
Reproductive Rights: Couples and individuals have the right to decide the number, spacing, and timing of their children; to manage their reproductive health; and to have the information and means to do so, free from discrimination, coercion, and violence. The government provides access to sexual and reproductive health services for survivors of sexual violence.
Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization on the part of government authorities.
Discrimination: The law provides that women and men have the same legal status and rights. The government enforced the law effectively, although inequalities in pay and promotions persisted in both the public and private sectors. Travellers (a traditionally itinerant minority ethnic group), Roma, and migrant women have low levels of participation in political and public life.