Opinion

Economic and social rights ‘should be enshrined in our Constitution’

When people cannot access these rights, their ability to participate in civic and political life is curtailed

Workers monitor a crane lifting materials at a construction site in the Sandyford district of Dublin, Ireland, on Tuesday, May 11, 2021. The mass purchase of affordable houses — on the market for about 400,000 euros ($490,000) — set off a public firestorm and highlights the growing tension over the squeeze in urban housing and the role of large investors. Photographer: Paulo Nunes dos Santos/Bloomberg
Having a home is crucial for participation in society; it is more than a place of shelter or a roof over our heads. File photograph: Bloomberg
Sinéad Gibney
Tue Feb 14 2023 - 00:00

The Collins dictionary word of 2022 was “permacrisis”, describing “an extended period of instability and insecurity, especially one resulting from a series of catastrophic events”. All of our recent crises present, individually and collectively, a great threat to democracy. And yet throughout all of them, we have failed, in Ireland, to secure any protection of our economic and social rights.

. The right to food, water, shelter, medical care, housing and social assistance, is essential to human life and dignity. They are not, and should not be, subordinate to our civil and political rights, many of which are protected in legislation. They should be enshrined in the constitution.

We often misunderstand what the protection of such rights really means. The right to housing does not mean that the State provides everyone with a house. Rather, it is a State and societal commitment to gradually, by various means, and within available resources, ensure that the housing needs of all people are met. It acknowledges and accommodates that the governance of this is difficult and that there are many challenges in meeting the needs of all of our people. But, it also ensures that the State cannot unreasonably, irrationally or unfairly pursue policies that exclude certain structurally vulnerable groups and disregard their fundamental interests. Simply put, it stops us from leaving people behind during times of crisis.

Despite the positive Government spin on equality in the Republic, we remain one of the most unequal countries in the Organisation for Economic Co-operation and Development

Now more than ever, we must prioritise the realisation of economic and social rights for the people of Ireland. Some will say that this is not the time to seek a strengthening of these rights and that we should wait for sunnier economic climes. We say in response to that argument that, as a State, Ireland failed to make hay since our last economic crisis and that now is already too late.

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Economic inequality is a barrier to social justice, social inclusion and social cohesion in the State. It’s a barrier to people’s ability to participate effectively in society. It’s a huge factor in mental health and wellbeing and it leads to homelessness and a host of other difficulties. Poverty carries a massive stigma and experiencing it can have lifelong negative impacts on children and adults.

Despite the positive Government spin on equality in the Republic, we remain one of the most unequal countries in the Organisation for Economic Co-operation and Development (OECD). The agency’s 2021 factsheet showed that this State ranks 32nd out of 34 countries for gross income inequality. Intense Government intervention, in the form of taxes and transfers, is required to bring inequality in take-home income close to the EU average. Even after tax and transfer redistribution, the Republic still ranks only 15th out of 34 countries in the OECD. For such a wealthy, educated country, this is unacceptable and unjust.

When people cannot access their economic and social rights, their ability to participate in civic and political life is severely curtailed. For example, access to a home is crucial for participation in society; it is more than a daily place of shelter or a roof over our heads. With a stable home, we can access education, maintain employment, raise a family, build relationships within the community and contribute to society in a positive way.

We know that these rights, like the right to a home, are crucial to ensuring we can engage in society, but how do we protect them?

We can do so by constitutionally protecting economic and social rights. Because arguably, we should question if a right without a remedy is in fact a right at all. Ireland has long been a party to the International Covenant on Economic, Social and Cultural Rights, but has not incorporated this agreement into domestic law, despite repeated calls from the Irish Human Rights and Equality Commission and from the UN, to do so.

For the Republic to live up to its human rights responsibilities, economic and social rights need to be placed at the centre of our Constitution

We argue that the obligations imposed by economic and social rights must be approached in the same way as they are with respect to civil and political rights.

Incorporating these rights into our Constitution means they can be enforced; judicial protection provides a crucial backstop and safeguard for these rights, and ensures that they are taken seriously as core rights concerns, and not treated as lesser than other rights protections.

For the Republic to live up to its human rights responsibilities, economic and social rights need to be placed at the centre of our Constitution. Only when each and every person can access these human rights can we claim to have a true democracy.