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.
Birth Registration: A person born after 2004 on the island of Ireland (including Northern Ireland) is automatically a citizen if one parent was an Irish citizen, a British citizen, a resident of either Ireland or Northern Ireland entitled to reside in either without time limit, or a legal resident of Ireland or Northern Ireland for three of the four years preceding the child’s birth (excluding time spent as a student or an asylum seeker). Authorities register births immediately.
Child Abuse: The law criminalizes physical and psychological abuse and engaging in, or attempting to engage in, a sexual act with a child younger than age 17. The maximum sentence in such cases is five years in prison, which can increase to 10 years if the accused is a person in authority, such as a parent or teacher. The law additionally prohibits any person from engaging in, or attempting to engage in, a sexual act with a juvenile younger than age 15; the maximum sentence is life imprisonment. Tusla, the government’s child and family agency, provided child protection, early intervention, and family support services. The government also provided funding to NGOs that carried out information campaigns against child abuse as well as those who provided support services to victims.
Child, Early, and Forced Marriage: The legal minimum age for marriage is 18, including for citizens who marry abroad. Forced marriage is illegal and is punishable by a fine, up to seven years imprisonment, or both.
Sexual Exploitation of Children: The law prohibits the sexual exploitation of children and child pornography, and authorities enforced the law. Trafficking of children and taking a child from home for sexual exploitation carries a maximum penalty of life imprisonment. A person convicted of meeting a child for the purpose of sexual exploitation faces a maximum penalty of 14 years’ imprisonment. The law includes offenses relating to child sexual grooming and child pornography. The minimum age for consensual sex is 17.
The law provides for a fine, a prison sentence of up to 14 years, or both for a person convicted of allowing a child to be used for pornography. For producing, distributing, printing, or publishing child pornography, the maximum penalty is a fine, 12 months’ imprisonment, or both.
International Child Abductions: The country is party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. See the Department of State’s Annual Report on International Parental Child Abduction at https://travel.state.gov/content/travel/en/International-Parental-Child-Abduction/for-providers/legal-reports-and-data/reported-cases.html.
According to the 2016 census, the Jewish community numbered approximately 2,600 persons. There were no reports of violent anti-Semitic acts. There were sporadic reports of high profile members of the Jewish community being harassed on social media.
See the Department of State’s Trafficking in Persons Report at https://www.state.gov/trafficking-in-persons-report/.
The law prohibits discrimination against persons with physical, sensory, intellectual, and mental disabilities. The government effectively enforced these provisions and implemented laws and programs to ensure that persons with disabilities had full access to buildings, information, and communications. In 2017 the government adopted a National Disability Inclusion Strategy for 2017-21.
Societal discrimination and violence against immigrants and racial, ethnic, and religious minorities remained a problem. The country’s African population and Muslim community in particular experienced racially and religiously motivated physical violence, intimidation, graffiti, verbal slurs, and attacks against mosques.
The law obliges local officials to develop suitable accommodation sites for Travellers and to solicit input from the Travellers. According to the Human Rights and Equality Commission, Travellers were 22 times more likely than other respondents to report discrimination in access to housing. The Traveller community reported higher than average levels of homelessness and unemployment, and poor access to healthcare and educational services.
In 2016, the most recent report available, the Council of Europe’s Committee of Social Rights determined that the country’s law and practice violated the human rights of Travellers on the following grounds: inadequate conditions at many Traveller sites; insufficient provision of accommodation for Travellers; inadequate legal safeguards for Travellers threatened with eviction; and evictions carried out without necessary safeguards. In 2018 the government convened a Traveller Accommodation Expert Group to conduct a review of Traveller housing support. The group published its findings in July 2019, and identified gaps between the government’s plans and its implementation.
The law prohibits discrimination based on sexual orientation in employment, goods, services, and education. The law does not include gender identity as an explicit category, but the courts have interpreted the law as prohibiting discrimination against transgender persons.
Civil liberties and civil society organizations reported the law does not include specific provisions on hate crimes or bias-motivated violence, and does not consider prejudice as an aggravating factor when sentencing criminals, but judges can take hate into account as an aggravating factor at sentencing.