The Impact of the The Impact of the Habitual Residence Habitual Residence Condition on Travellers Condition on Travellers and Roma in Irelandand Roma in Ireland

22 March 2012

Tanya Ward, Chief Executive, Children’s Rights Alliance

About the Children’s Rights About the Children’s Rights Alliance Alliance The Children’s Rights

Alliance is a coalition of over 90 organisations

Pavee Point is a member

The Alliance was set up in 1993 to promote the implementation of the UN Convention on the Rights of the Child in Ireland

About the UN Convention on About the UN Convention on the Rights of Children the Rights of Children

The Convention came into effect in Ireland nearly twenty years ago

Most widely accepted human rights convention internationally

Children’s rights differ from other human rights

They take account of the vulnerable situation of children i.e. they are largely dependent on adults for their welfare

They provide signposts to help us make better decisions for children

About the UN Convention on About the UN Convention on the Rights of Children the Rights of Children

Children’s rights cover a child’s developmental and age appropriate needs

For example, “development” is very broad and means embracing a child’s physical, mental, spiritual, moral psychological and social development

The Irish Government is required to create conditions that promote the wellbeing of all children particularly during the child’s early years

How is the Convention How is the Convention monitored?monitored? Ireland is required to submit reports

on how it does under the Convention

This report is submitted to the UN Committee on the Rights of the Child in Geneva

The Government goes to the Committee to discuss how it is protecting children

The Committee makes recommendations to the Government – this has led to positive outcomes for children

The Problem?The Problem? The Habitual Residence Condition

(HRC) is a restriction placed on certain social welfare entitlements

Focusing in Child Benefit, there is no restriction on families from within the European Economic Area and who are in employment

Factors taken into account when determining a person’s main centre of interest

Factor 1 - Length and continuity of residence in Ireland or in any other particular country

Factor 2 - Length and purpose of any absence from Ireland

Factor 3 - Nature and pattern of employment

Factor 4 - Applicant's main centre of interest

Factor 5 - Future intention of applicant concerned as they appear from all the circumstances

Why does Child Benefit Why does Child Benefit matter? matter?

Child Benefit is paid for each child under the age of 16 and up to 18 years is the child is still in full-time education

Introduced as a universal anti-poverty payment and is largely the only privilege or benefit that families receive

Child Benefit does not contribute to an unemployment trap

It is particularly valuable for women who may not receive a fair share of the household income

Crucially it also provides some security to families

(1) Protection from (1) Protection from Discrimination Discrimination The principle of non-

discrimination is fundamental to every human rights treaty

Focus on discrimination is because of how people were targeted in Second World War for genocide, including the Roma

The Convention requires the Government to make sure that every child in the country is not discriminated against on any basis including because of their parent’s or legal guardian’s ethnic, national or social origin

(1) Protection from (1) Protection from Discrimination Discrimination Young children are especially at risk of discrimination –

they are relatively powerless

When looking at discrimination, you need to examine the cause and the harm

Here the cause is due to the parents employment status or national origin

The harm is denying the child access to a benefit that nearly every other child in the country gets

(2) The Best Interests of the (2) The Best Interests of the Child Child

The Convention is clear that in any actions concerning children – the best interests shall be a primary consideration

What does this mean?

How is the best interests of those children being served by denying their Child Benefit?

Concerns about welfare tourism cannot override the needs of vulnerable children in this country

(3) Right to Survival and (3) Right to Survival and Development Development

Children have a right to life, survival and development

Children have a right to a standard of living adequate for their physical, mental, spiritual, moral and social development

The Government is supposed to provide material assistance and support programmes particularly in relation to nutrition, clothing and housing

How are these rights being provided for children when they are denied Child Benefit?

Conclusion Conclusion This issue is likely to be a

focus on the UN Committee on the Rights of the Child if it is not resolved before Ireland’s next examination

The key aspect of the Habitual Residence Conditions needs to be rewritten taking account of the rights of children

Other areas that need to be looked at - Maternity and Infant Scheme