Home » News » Ireland Urged to Reform Trespassing Laws to Protect Traveller and Roma Accommodation Rights: Watchdog Demands Change

Ireland Urged to Reform Trespassing Laws to Protect Traveller and Roma Accommodation Rights: Watchdog Demands Change

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Council of Europe Human Rights Commissioner Raises concerns Over Traveller Treatment in Ireland

A new report from the Council of Europe Commissioner for Human Rights, Michael O’Flaherty, casts a spotlight on critical issues facing Travellers and Roma people in Ireland. The report,released following O’Flaherty’s visit to Ireland between Oct. 7 and 11 last year, details concerns about unsafe housing, homelessness, institutional discrimination, and a mental health “crisis” within these communities. Despite a 2019 suggestion from an Irish government review to change laws criminalizing Travellers for living on public or private land, ministers are reportedly not planning to review these laws.


O’Flaherty’s Report Highlights Dire Conditions

michael O’Flaherty, the Irish human rights lawyer and former priest who has served as the Commissioner for Human Rights since last January, recently released a report detailing his findings from a visit to Ireland in the previous year. The report paints a concerning picture of the living conditions and systemic challenges faced by Traveller and Roma communities.

During his visit between Oct.7 and 11 last year, O’Flaherty visited halting sites in Limerick and Dublin.The report details how he witnessed very basic and overcrowded conditions and desolate surroundings where there was illegal dumping, sanitary issues, and concerns about emergency access.

These observations underscore the urgent need for improved living standards and access to basic amenities for Travellers in Ireland. The lack of adequate sanitation and the presence of illegal dumping pose significant health risks to residents, while concerns about emergency access further exacerbate the vulnerability of these communities.

Call for Repeal of Trespassing Laws

A key recommendation within the commissioner’s report is the repeal of trespassing laws and any other regulations that prevent Travellers from practicing their nomadic lifestyle. The report emphasizes that Travellers who breach trespassing laws, which criminalize trespassing on private or publicly owned land, face eviction and possibly imprisonment, and their trailers can be impounded.

The criminalization of conventional nomadic practices is seen as a significant barrier to the cultural preservation and well-being of the Traveller community. The report argues that these laws disproportionately impact Travellers, who often have limited housing options and rely on mobile homes or trailers as a way of life.

The Commissioner notes that the policies and the continued lack of provision of culturally appropriate accommodation prevents many Travellers from practicing nomadism. Only an estimated 15-20pc still live in mobile homes or trailers, though, frequently enough in substandard and overcrowded conditions such as on unofficial halting sites and without access to water or electricity.

Government Response and Recognition of Systemic Issues

Despite recommendations from a 2019 Irish government review to scrap trespassing laws, O’flaherty was told during his visit to Ireland that a review of this law was not currently considered. His report noted a sense of frustration that even after Travellers were formally recognized as a distinct ethnic minority in Ireland, this has not led to the discontinuation of policies that denigrate their traditional nomadic or semi-nomadic way of life, including through criminalisation.

In its official state response to Mr. O’Flaherty’s report, the government did not respond to his call for a repeal of trespassing legislation at all.

During his visit to Ireland last year, Mr. O’Flaherty also met with Traveller and Roma advocacy groups,ministers,and senior politicians including senator Eileen Flynn,the Children’s Ombudsman Dr. Niall Muldoon, and the Irish Human Rights and Equality Commission. there was a consensus, including from the government, that structural anti-Traveller racism and anti-gypsyism in Irish society constitutes one of the main barriers to progress in the access to rights of Travellers and Roma, permeating all aspects of their lives. There was fatigue and frustration among Traveller and Roma people,and some community groups pointed to insufficient political will across central government to follow through with commitments and publicly stand up for the rights of Travellers and Roma.

The report noted that Travellers are disproportionately represented in the prison system and in the state’s child detention center. It said that there were a variety of factors behind this, and suggested that Travellers may suffer from over-policing and overly punitive sentencing.

Mental Health Crisis and Other Challenges

Mr. O’Flaherty also attended a ceremony at a Limerick cemetery on Traveller Mental Health Day 2024, commemorating Traveller adults and children who had died by suicide. While welcoming some efforts to fund and support more Traveller mental healthcare, the Commissioner’s report said that overall such services were still largely insufficient, and that there needed to be culturally appropriate measures to address what has developed into a crisis situation.

The Commissioner also noted inequity and bullying faced by Traveller children in school, widespread discrimination in the private rental market, poor living conditions, and the challenges of taking anti-discrimination cases against bars, restaurants, or clubs that are prejudiced against Travellers.

Government Acknowledges the Need for Further Action

Norma Foley,the equality minister,said that the Commissioner for Human rights has raised significant issues,and forwarded important recommendations,in relation to the situation of travellers and Roma in Ireland.

I thank the Commissioner for his constructive report and welcome the opportunity to respond, Ms. Foley said.

While much has been done in recent years to address the issues faced by Travellers and Roma in Ireland, I am conscious that more remains to be done.

The report from the Council of Europe Commissioner for Human Rights serves as a stark reminder of the challenges facing traveller and Roma communities in Ireland. While the government acknowledges the need for further action, the lack of response to the call for repealing trespassing legislation raises concerns about the commitment to addressing systemic discrimination and promoting the rights of Travellers.

Ireland’s Traveller Community: A Human Rights Crisis? An Exclusive Interview

Is the plight of Ireland’s Traveller community a silent human rights emergency,masked by seemingly progressive legislation?

Interviewer: Dr. Aoife O’Connell, leading expert in Irish social justice and human rights, welcome to World Today News. The recent Council of Europe report on the treatment of Travellers in Ireland highlights deeply concerning issues. Can you help our readers understand the depth of these challenges?

Dr. O’Connell: Thank you for having me. The report shines a light on a long-standing injustice—the systematic marginalization of Ireland’s Traveller community, an ethnic minority group with a distinct culture and nomadic traditions.It’s not simply about inadequate housing; it’s about entrenched discrimination woven into the fabric of Irish society, impacting every facet of their lives—from accessing healthcare and education to securing safe and appropriate accommodation.

Understanding the Systemic Issues Facing ireland’s Traveller Community

Interviewer: The report mentions “unsafe housing, homelessness, institutional discrimination, and a mental health crisis.” Can you elaborate on these interconnected challenges?

Dr. O’Connell: Absolutely. Unsafe housing is a critical issue. Many Travellers live in overcrowded halting sites—temporary, frequently substandard living areas—lacking basic amenities such as sanitation, clean running water, and reliable electricity. This directly links to homelessness, as many travellers are effectively denied access to permanent, culturally appropriate housing due to discriminatory practices. This precarious housing situation, coupled with pervasive societal prejudice, fuels a mental health crisis within the community. institutional discrimination manifests in various ways, including over-policing, biased legal systems resulting in disproportionate incarceration rates, and a lack of culturally sensitive healthcare and education services. These elements work in tandem to exacerbate the difficulties faced by the Traveller community.

The Impact of Antiquated Trespassing Laws

Interviewer: The report strongly advocates for the repeal of trespassing laws that criminalize Travellers’ nomadic lifestyle. How significant is this issue?

Dr. O’Connell: This is a pivotal point. These laws directly target the core of Travellers’ cultural identity, making their very way of life a crime. Criminalizing nomadism—a central tenet of Traveller culture—is not just discriminatory; it’s culturally destructive. The simple act of travelling, of moving between locations, is criminalized, leading to evictions, imprisonment, and the confiscation of their homes (mobile homes or trailers). This forces many into unsuitable and overcrowded halting sites, perpetuating a cycle of poverty and marginalization. Such laws should be repealed, replaced by policies that respect diversity, and ensure culturally appropriate solutions to accommodation.

The Need for Culturally Appropriate Solutions

Interviewer: The report highlights the lack of culturally appropriate accommodation and healthcare. What are the key steps needed to address this disparity?

Dr. O’Connell: The solution requires a multi-pronged approach:

  • Repealing discriminatory legislation: This includes laws specifically targeting nomadic living and those enabling discriminatory practices in housing, employment, and other areas.
  • Investing in culturally appropriate housing: This means constructing safe,permanent,and suitably designed housing that respects Traveller traditions and living styles,which may include the provision of land suitable for living in mobile homes or trailers.
  • Providing culturally sensitive healthcare: This means training healthcare professionals to understand and address the unique health needs and cultural sensitivities of the Traveller community, working to overcome barriers to accessing healthcare that frequently stem from mistrust or lack of understanding.
  • Improving educational opportunities: Creating a school habitat that embraces and celebrates Traveller

    Ireland’s traveller Community: A Human Rights Crisis Masked by Progress? An Exclusive Interview

    Is the plight of Ireland’s Traveller community a silent human rights emergency, masked by seemingly progressive legislation?

    Interviewer: dr.Aoife O’Connell, leading expert in Irish social justice and human rights, welcome to World Today news. The recent Council of Europe report on the treatment of Travellers in Ireland highlights deeply concerning issues. Can you help our readers understand the depth of these challenges?

    Dr.O’Connell: Thank you for having me. The report shines a light on a long-standing injustice—the systematic marginalization of Ireland’s Traveller community, an ethnic minority group with a distinct culture and nomadic traditions. It’s not simply about inadequate housing; it’s about entrenched discrimination woven into the fabric of Irish society, impacting every facet of their lives—from accessing healthcare and education to securing safe and appropriate accommodation. This systemic marginalization creates a complex web of interconnected challenges that demand immediate and comprehensive attention.

    Understanding the Systemic Issues Facing Ireland’s Traveller Community

    Interviewer: The report mentions “unsafe housing, homelessness, institutional discrimination, and a mental health crisis.” Can you elaborate on these interconnected challenges?

    Dr. O’Connell: Absolutely. unsafe housing is a critical issue. Many Travellers live in overcrowded halting sites—temporary, frequently substandard living areas—lacking basic amenities such as sanitation, clean running water, and reliable electricity. This directly links to homelessness, as many Travellers are effectively denied access to permanent, culturally appropriate housing due to discriminatory practices. This precarious housing situation, coupled with pervasive societal prejudice, fuels a mental health crisis within the community.Institutional discrimination manifests in various ways, including over-policing, biased legal systems resulting in disproportionate incarceration rates, and a lack of culturally sensitive healthcare and education services. These elements work in tandem to exacerbate the difficulties faced by the Traveller community. Understanding these interconnected issues is key to developing effective and holistic solutions.

    The Impact of Antiquated Trespassing Laws

    Interviewer: The report strongly advocates for the repeal of trespassing laws that criminalize Travellers’ nomadic lifestyle. How important is this issue?

    Dr. O’Connell: This is a pivotal point. These laws directly target the core of Travellers’ cultural identity, making their very way of life a crime. Criminalizing nomadism—a central tenet of Traveller culture—is not just discriminatory; it’s culturally destructive. The simple act of travelling, of moving between locations, is criminalized, leading to evictions, imprisonment, and the confiscation of their homes (mobile homes or trailers).This forces many into unsuitable and overcrowded halting sites, perpetuating a cycle of poverty and marginalization. The repeal of these unjust laws is crucial for respecting Traveller rights and cultural preservation. Such laws should be repealed, replaced by policies that respect diversity, and ensure culturally appropriate solutions to accommodation needs.

    The Need for culturally Appropriate Solutions

    Interviewer: The report highlights the lack of culturally appropriate accommodation and healthcare. What are the key steps needed to address this disparity?

    Dr. O’Connell: The solution requires a multi-pronged approach:

    Repealing discriminatory legislation: This includes laws specifically targeting nomadic living and those enabling discriminatory practices in housing, employment, and other areas.

    Investing in culturally appropriate housing: This means constructing safe, permanent, and suitably designed housing that respects Traveller traditions and living styles, which may include the provision of land suitable for living in mobile homes or trailers. Providing choice in housing solutions is paramount.

    Providing culturally sensitive healthcare: This means training healthcare professionals to understand and address the unique health needs and cultural sensitivities of the Traveller community, working to overcome barriers to accessing healthcare that frequently stem from mistrust or lack of understanding.

    Improving educational opportunities: Creating a school habitat that embraces and celebrates Traveller culture, ensuring inclusive and equitable access to quality education for Traveller children. This includes addressing bullying and discrimination faced by Traveller children in schools.

    Addressing these critical areas is crucial for achieving genuine equality and social justice for the Traveller community.

    Moving Forward: A Call for Action

    Interviewer: What is your overall assessment of the situation, and what message would you like to leave our readers with?

    Dr. O’Connell: The situation facing Ireland’s Traveller community demands urgent action. The report from the Council of Europe serves as a stark reminder of the ongoing human rights violations and the urgent need for systemic change. Ignoring this crisis will only perpetuate the cycle of marginalization and suffering. We need a collective commitment to repeal discriminatory laws, invest in culturally appropriate solutions, and address the deep-rooted prejudice that fuels this inequality. The future well-being of the Traveller community depends on it. I urge everyone to learn more about the issues, engage in constructive dialogue, and support initiatives that promote equality and justice for Travellers in Ireland.

    We encourage our readers to share their thoughts and perspectives on this critical issue in the comments section below. Let’s work together to create a more equitable and just society for all.

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