IHREC calls on Irish Government to reconsider ex–gratia Symphysiotomy Payment Scheme
The Irish Human Rights and Equality Commission has written to the Minister for Justice and Equality Frances Fitzgerald T.D. expressing concern at the recent Government announcement of the Surgical Symphysiotomy Payment Scheme.
Addressing the Commission’s concerns, Chief Commissioner Emily Logan said: “The Commission wrote in detail to the Government on 1 October last recommending that the Government take steps to address the human rights of the survivors of symphysiotomy procedures. Those steps were directed at meeting the State’s international human rights obligations under the International Covenant on Civil and Political Rights. In announcing a limited ex gratia payment scheme, the Government is limiting survivors’ access to an effective remedy for the damage sustained, which would be otherwise available under a scheme established on a statutory footing. The time limit imposed where applications must be made before 5 December 2014 (or 14 January 2015 in exceptional circumstances) makes it extremely difficult for the women involved to seek independent advice in making their decision. In addition, the waiver of legal rights under the scheme are also of concern.”
As well as calling for a reconsideration of the current payment scheme announced, Ms Logan also called on the Government to address the other two key concerns identified by the UN Human Rights Committee, namely the need for a prompt, independent and thorough investigation into cases of symphysiotomy and the need for a process whereby perpetrators (including medical personnel) can be prosecuted and punished where violations of human rights occurred.
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