Observation (CEACR) - adopted 2024, published 113rd ILC session (2025)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Ireland (Ratification: 1999)

Articles 1(1)(a) and 2 of the Convention. Gender discrimination and equality of opportunity and treatment for men and women. The Committee recalls that article 41(2) of the Constitution provides that “the State recognises that by her life within the home, woman gives to the State a support without which the common good cannot be achieved” and that “The State shall, therefore, endeavour to ensure that mothers shall not be obliged by economic necessity to engage in labour to the neglect of their duties in the home.” It also recalls that, in June 2018, the Irish Human Rights and Equality Commission (IHREC) called for article 41(2) of the Constitution to be rendered gender neutral. Following a report in June 2021 of a “Citizens’ Assembly” established by the Oireachtas (Parliament), and a subsequent report of an Oireachtas Committee on Gender Equality in December 2022, two referendums were held on 8 March 2024. One, the “Fortieth Amendment of the Constitution (Care) Bill 2023”, proposed to delete article 41(2) quoted above and insert a new, gender-neutral, article 42B which would read: “The State recognises that the provision of care, by members of a family to one another by reason of the bonds that exist among them, gives to Society a support without which the common good cannot be achieved, and shall strive to support such provision.” The voter turnout was 44.4 per cent and the fortieth amendment was rejected by 73.9 per cent of voters (the thirty-ninth amendment, which proposed to expand the constitutional definition of family to include durable relationships outside marriage, was also rejected, by 67.7 per cent of voters). With reference to its previous comments on the matter, the Committee reaffirms that equality and non-discrimination in employment and occupation cannot be achieved if stereotypical assumptions about the role of men and women in society in general remain, especially when it is explicitly stated in the Constitution. It recalls that the issue has been a source of concern for the Committee as well as international treaty bodies for more than 20 years (see the Committee’s comment adopted in 2003 on the first report submitted by Ireland on the implementation of the Convention; and the concluding observations of the United Nations Committee on the Elimination of Discrimination against Women (CEDAW), A/60/38(SUPP), 31 August 2005, paragraphs 382–383 ). It also recalls the Government’s indication, in the report addressed to the Committee in 2006 that, as far back as 1997, an All-Party-Oireachtas Committee on the Constitution had recommended a revised article 41.2 in gender-neutral form. Considering the developments in the country regarding the constitutional provision, the Committee asks the Government to provide information on the steps taken to discourage any stereotypical treatment of women in the context of employment and occupation.

Article 1(1)(a). Discrimination based on political opinion or social origin. The Committee notes with interest the Government’s statement in its report, in reply to the Committee’s previous comment, that a “review of the Equality Acts is now considering the introduction of a prohibited ground of discrimination based on socio-economic disadvantaged status to the Equal Status Act 2000 and the Employment Equality Act 1998” as this was a commitment in the “2020 Programme for Government”. In this regard, the Committee notes that the IHREC, in its July 2023 submission on the review of equality legislation initiated by the Department of Children, Equality, Disability, Integration and Youth (pages 50 to 57), recalled that “nearly twenty years have passed since the [2004] initial report […] commissioned by the Department of Justice, into the equality legislation in Ireland, in which the need to introduce new discriminatory grounds, including the ground of socio-economic status was examined” and reaffirmed its position that equality law should be amended to prohibit discrimination on the basis of socio-economic status. It indicated that: (1) an increasing number of studies showed that discrimination on the grounds of socio-economic status is a widespread reality in Ireland and needs to be tackled; (2) those with a disadvantaged socio-economic status do face discrimination on this basis and are, therefore, often excluded from both services and employment which, in turn, exacerbates income and wealth inequalities; and (3) the introduction of this ground would be a significant step towards greater recognition of intersectional discrimination, and also enhance access to justice for structurally vulnerable individuals and groups. The Committee also notes from this report that a current private member’s bill (the Equality (Miscellaneous Provisions) Bill 2021) proposes to amend equality law to prohibit discrimination on the basis of a person’s social and economic background. As regards discrimination based on political opinion, the Committee however notes with concern that the Government merely indicates that the review of the equality legislation “is also examining whether further additional equality grounds should be added” without providing more information. The Committee cannot but reiterate that, where legal provisions are adopted to give effect to the Convention, they should include at least all of the grounds of discrimination set out in Article 1(1)(a) of the Convention. The Committee therefore once again urges the Government to ensure formal legislative protection against discrimination in employment and occupation based on political opinion and social origin (socio-economic status). It requests the Government to provide information on: (i) the outcome of the review of the equality legislation; (ii) the measures taken or envisaged – as a result of this review or otherwise – in order to include political opinion and social origin as prohibited grounds of discrimination in the legislation; and (iii) how protection against discrimination on these two grounds is ensured in practice.

Article 1(2). Inherent requirements of the job. In reply to its previous comment relating to the exclusion from the scope of the Employment Equality Act 1998 of domestic workers (section 2), the Committee notes the Government’s statement that the review of the equality legislation by the Department of Children, Equality, Disability, Integration and Youth is examining whether additional grounds of discrimination should be added and whether existing exemptions should be removed. It also notes that, in the summary of stakeholders’ submissions on Ireland in the context of the Universal Periodic Review mechanism, the Office of the United Nations High Commissioner for Human Rights mentioned the reports from Irish civil society organizations that there remained obligatory religious oaths for high office postings and continued discrimination linked to religion in school enrolment, teacher training and employment. In view of the above, the Committee once again urges the Government to take steps to amend the relevant sections (including section 2) of the Employment Equality Act so as to ensure that any limitations on the right to non-discrimination in all aspects of employment and occupation are restricted to the inherent requirements of the particular job, as strictly defined.

The Committee is raising other matters in a request addressed directly to the Government.