Submissions

CLM Submission to the National Women’s Council of Ireland’s Shadow Report for submission to the UN Convention on the Elimination of all Forms of Discrimination Against Women

By deniseleavy Thursday, 29th September 2016 | 0 comments
Filed under: 2016.
Ireland’s commitment to the implementation of The UN Convention on the Elimination of all Forms of Discrimination Against Women (CEDAW) is due to be examined in early 2017. As part of this process, the State submits a written response to a list of issues identified by the CEDAW Committee, which is an independent expert body within the United Nations. The National Women’s Council of Ireland is drafting a Shadow Report for submission to the CEDAW Committee and this is CLM’s submission to that Shadow Report. It has been ten years since Ireland was last reviewed by this Committee. CLM, in its work to improve access to justice over the last 41 years, works to tackle barriers to justice and to highlight and challenge the disproportionate effect of unfair laws and policies on certain groups in society, including women.

CLM Submission on Age Discrimination in Employment: Report following a Roundtable Discussion

By richellaoregan Friday, 15th July 2016 | 0 comments
Filed under: 2016.
CLM has made a submission to an inter-departmental working group on fuller working lives. This submission on a roundtable held by CLM looks at the legal and policy considerations for older people in employment in Ireland and makes the case for introducing greater choice for individuals in their employment and retirement. It covers topics such as age discrimination in employment and the legal position on mandatory retirement and fixed term contracts after retirement. The report also provides a broad overview of the perception and experience of older workers in Irish society and looks at the benefits that gradual or phased retirement could bring. Women continue to be a particularly vulnerable group in the context of employment and retirement and the report looks at this persistent trend. Since the beginning of 2016, we have had a new forum in which older people whose employment and equality rights have been violated can go to – the Workplace Relations Commission. CLM looks at the new WRC in this context and comments on the impact of the lack of legal aid for employment and equality cases.

CLM Submission to the emergency Dáil Committee on Housing and Homelessness

By deniseleavy Wednesday, 29th June 2016 | 0 comments
Filed under: 2016.
As members of the Human Rights Committee of the Law Society of Ireland, Community Law and Mediation were kindly invited by the Law Society of Ireland to make submissions to the emergency Dáil Committee on Housing and Homelessness. The views expressed in the briefing paper and the presentation made to the Dáil Committee on the 10th May 2016 are the views of Community Law and Mediation.

Submission on Equal Treatment Directive in Matters of Social Security

By nclcadmin Tuesday, 3rd November 2015 | 0 comments
Filed under: 2015.
CLM was invited to provide an interview to the European Commission - Directive-General for Justice and Consumers as part of an evaluation study on the application of the Directive 79/7/EEC on the progressive implementation of the principle of equal treatment for men and women in matters of social security. Our submission highlighted the lack of recognition in the social welfare system of care work and parenting, which affects women's choices and opportunities for employment and thus their potential to move out of poverty.

Pre-Budget Submission to the Department of Social Protection following on from the Roundtable on Social Welfare Law and Children

By nclcadmin Friday, 25th September 2015 | 0 comments
Filed under: 2015.
Community Law & Mediation today published a pre-Budget submission on Children and the Social Welfare code.  The purpose of this submission is to highlight the impact on children of changes to the social welfare code and policies around that code.  In shaping social welfare policy, finite resources undoubtedly present limitations.  This submission examines the choices made within those constraints and makes recommendations for the choices that will be made in Budget 2016.  For many children, the reality of budgets that lack human rights and equality proofing is in fact regression. We submit that children are uniquely vulnerable and that the state is under an obligation to recognise this in its budgetary decisions and its social welfare policy.  Our recommendations present viable and very practical alternatives for decision-makers around Budget 2016. 

Submission examining the lack of Adequate Legal Support available to Borrowers facing Repossession of their Family Home

By richellaoregan Friday, 16th January 2015 | 0 comments
Filed under: 2015.
Following a recent roundtable discussion, this submission examines the current trend of increased levels of long term mortgage arrears and applications for court ordered possession of family homes alongside the paucity of adequate and affordable legal assistance available to borrowers facing such legal proceedings.  Following on from the discussion, CLM believe that early and on going legal support is necessary for individuals in mortgage arrears to allow them to make informed decisions and to address the current power imbalance that exists in favour of lending institutions. 

Submission in relation to Section 13 Social Welfare Act 2012

By richellaoregan Monday, 24th November 2014 | 0 comments
Filed under: 2014.
Submission to the Department of Social Protection following on from the Community Law & Mediation Roundtable on Social Welfare Law which examined Section 13 of the Social Welfare Act 2012.  Section 13 deals with the recovery of overpayments and gives the Department of Social Protection the power to unilaterally deduct 15% from a person’s basic social welfare payment, a significant increase on the deduction allowed under the previous regime.  Participants at the roundtable were unanimous in their view that the reduction of 15% to recipients’ basic payments was unfair and disproportionate, given the difficulties experienced by any individuals living on the basic subsistence payment in the form of SWA.  Participants agreed that recipients living on a reduced payment of as little as €130 per week for a single person cannot maintain the minimum essential standard of living required to live with dignity.  Attendees also emphasised that recipients’ rights to fair procedures must be complied with in the recovery process.

Submission in relation to the Workplace Relations Bill 2014

By janeosullivan Tuesday, 11th November 2014 | 0 comments
Filed under: 2014.
We very much welcome the enactment of legislation to clarify and indeed streamline what is now a complicated system that is difficult to navigate.  Here, the legislature is presented with an excellent opportunity to establish a robust, fair and clarified procedure for the adjudication of disputes falling within its remit.  Our submission emphasises five areas of concern or note in the Workplace Relations Bill as it currently stands.  The most important of these, from the perspective of our clients and service users, is the lack of a clear entitlement to legal aid, which is not currently afforded to people in employment cases involving that most fundamental element, their livelihood.  This need is critical and is a serious impediment to accessing justice, particularly in a situation where the inequality of arms is pronounced.  

CLM comments on the FRA Handbook on Access to Justice

By richellaoregan Monday, 22nd September 2014 | 0 comments
Filed under: 2014.
The EU Agency for Fundamental Rights (FRA) is currently preparing a Handbook on Access to Justice, in partnership with the Council of Europe (CEPEJ) and the European Court of Human Rights. The Handbook will cover the area of access to justice in its widest sense including judicial as well as non-judicial aspects.

CLM Briefing Paper on Housing (Miscellaneous Provisions) Bill 2014

By nclcadmin Thursday, 29th May 2014 | 0 comments
Filed under: 2014.
This briefing paper is a summary of issues raised in our Submission on the Proposals in the General Scheme of the Housing (Miscellaneous Provisions) Bill 2013 and also reflects our recommendations and observations regarding the Housing (Miscellaneous Provisions) Bill 2014.

CLM Submission on the Proposals in the General Scheme of the Housing (Miscellaneous Provisions) Bill 2013

By nclcadmin Monday, 14th April 2014 | 0 comments
Filed under: 2014.
This submission raises concerns about, and indeed challenges, the manner in which local authorities recover possession using Section 62 of the Housing Act 1966.  We very much welcome the proposals to amend the process of terminating the tenancies of local authority tenants and we hope that the legislation will introduce a fair, transparent and proportionate process for recovering possession of a person’s home.  We are acutely aware, through our weekly advice clinics, of the problems caused by anti-social behaviour.  This serves to emphasise the need for a robust, fair and transparent process with the principle of proportionality at its core. Evicting a person from his/her home should always be a last resort.

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