Majority votes cannot deny human rights: UN questions to Ireland reflect Atheist Ireland briefing in Geneva

Jane Donnelly and I, representing Atheist Ireland, briefed the UN Human Rights Committee this week in Geneva about religious discrimination in Ireland, particularly in the education system. The issues we raised in our briefing were directly reflected in many of the UN’s questions to the Irish State delegation, led by Justice Minister Frances Fitzgerald.

Atheist Ireland raised secular issues alongside independent academic Alison Mawhinney, and other Irish advocacy groups also briefed the UN on their areas of concern. Atheist Alliance International officer M. Quavami Tehrani also participated, to compile information to help other atheist groups to plan for such UN interventions with regard to their own countries.

The overall tone of the UN’s questions was strongly critical of Ireland’s human rights record, and of Ireland’s failure to address human rights breaches that the UN has repeatedly brought to its attention. Ireland’s oral responses to the UN’s questions were incomplete and evasive, and will have to be supplemented by written responses within two days.

Majority votes cannot deny human rights

Most fundamentally, the UN Human Rights Committee told Ireland that human rights cannot be denied by a majority vote in Parliament, and that the whole point of international human rights law is to avoid the tyranny of the majority.

For example, Ireland denies pregnant women their abortion rights under the International Covenant on Civil and Political Rights. Ireland told the UN that the reason was because they are expressing the will of the people. The UN said that this reason is totally unacceptable, and told Ireland to withdraw it as a reason, which Ireland did.

Religious oaths and blasphemy

The UN asked why has the Government not yet changed the obligatory religious oaths for Judges, which was first raised by the UN as a breach of human rights in 1993? And will the state also change the obligatory religious oaths for president and others as well as judges?

The UN also asked why has the Irish Government not responded to the UN on its commitment to remove the Irish blasphemy law?

Non-denominational schools

The UN previously asked Ireland to ensure that non-denominational primary education is widely available in all regions of Ireland. The UN now asked why this has not yet happened, with most new schools being multi denominational, not non-denominational.

Ireland said that there was no obstacle to non-denominational schools if there was sufficient demand in a local area. The UN asked how can insufficient demand be used to justify no provision of nondenominational schools?

As Atheist Ireland had told the UN, this ‘local demand’ argument means that fundamental human rights are available to some citizens, but not to others, depending on the views of their neighbours.

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