Transcript The Impact of the Habitual Residence Condition on

The Impact of the Habitual
Residence Condition on
Travellers and Roma in Ireland
22 March 2012
Tanya Ward, Chief Executive, Children’s Rights Alliance
About the Children’s Rights 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 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 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 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 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 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 Discrimination

The principle of nondiscrimination 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 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 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
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

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