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Mother and Baby Homes report 'downplayed' several aspects, Special Rapporteur says

Conor O'Mahony says a number of issues would be considered human rights violations
Jack Quann
Jack Quann

18.12 28 Jan 2022


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Mother and Baby Homes report '...

Mother and Baby Homes report 'downplayed' several aspects, Special Rapporteur says

Jack Quann
Jack Quann

18.12 28 Jan 2022


Share this article


The Special Rapporteur on Child Protection says a final report on Mother and Baby Homes downplayed a number of aspects.

Speaking about his annual report for 2021, Conor O'Mahony says a number of issues would be considered human rights violations by international standards.

The final report of the Commission of Investigation into Mother and Baby Homes was published in January 2021 - a culmination of over five and half years of work.

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The Taoiseach Micheál Martin issued a State apology in the Dáil to survivors, and the Government committed to implementing a redress scheme.

Mr O'Mahony says the report disclosed "substantial evidence on all of the themes considered that is indicative of violations of provisions of the European Convention on Human Rights".

He says examples include a high rate of infant deaths due to poor living conditions, degrading treatment of women and children, as well as forced labour practices.

He told The Hard Shoulder these are human rights violations internationally, despite what the report says.

"I systematically apply international human rights law principals - particularly from the European Convention on Human Rights - to some of the evidence in the report.

"Ultimately where that leads is some conclusions which do depart in places from conclusions reached by the commission.

"The commission would have downplayed, for example, the question of forced labour - and would have said the evidence was the women were doing labour which was suitable for women, and which wasn't commercial in nature.

"Whereas when I apply the human rights law standards, and the accepted definition of what is forced labour, my conclusion is that actually there was quite a significant evidence of forced labour.

"Similarly on deprivation of liberty, the commission said women weren't incarcerated in a strict sense of the word.

"But again, taking international human rights law standards on what is a deprivation of liberty, my analysis was that that definition would have been met in quite a number of cases in the homes.

"The chapter concludes the report has evidence which is indicative of multiple human rights violations".

He also says the redress proposals from the Government do not go far enough.

"Particularly in respect of children who were boarded out in foster homes, who've been completely excluded from the redress scheme.

"Notwithstanding the fact that it's generally accepted that many of those children experienced serious abuse and neglect in that system.

"And did so on the State's watch, where the inspection regime was quite inadequate".

Mother and Baby Homes report 'downplayed' several aspects, Special Rapporteur says

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Main image: A section of a memorial to 222 children from the Bethany Mother and Child Home, at Mount Jerome Cemetery, Harold's Cross in Dublin in January 2015. Picture by: PA Images / Alamy Stock Photo

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Commission Of Investigation Into Mother And Baby Homes Conor O'Mahony European Convention On Human Rights Mother And Baby Homes Special Rapporteur On Child Protection

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