As a married woman and a mother from a migrant background who came to Ireland at relatively advanced age – and had to start afresh in education and in the workplace – I know where progress is still required to enable our society to reap the benefits of the creativity, the innovation, the economic productivity, and the social cohesion that diversity, equality and inclusion bring.
The right to equality before the law and protection against discrimination for all persons constitute a universal right. It is recognised by the Universal Declaration of Human Rights, the UN Convention on the Elimination of all forms of Discrimination Against Women, the International Convention on the Elimination of all forms of Racial Discrimination, the UN Covenants on Civil and Political Rights and on Economic, Social and Cultural Rights, and by the European Convention for the Protection of Human Rights and Fundamental Freedoms. Ireland is a signatory to all of them.
Progress on equality has been brought about in Ireland by key constitutional and legislative changes, including the Equal Status Acts 2000-2018. The Acts prohibit discrimination in the provision of goods and services, accommodation and education. However, more needs to be done to protect people from continuing to experience discrimination.
Initiatives at the EU level are quite commendable. For example, the European Union Agency for Fundamental Rights was founded by the EU in 2007 to instil a fundamental rights culture across the EU and to bring the EU Charter of Fundamental Rights to life for everyone in the union.
The charter protects 54 rights. It emphasises the principle of equal treatments, prescribes positive actions for prevention, compensation for disadvantages linked to the ground of discrimination and measures the impact of uneven protection against discrimination in core areas of life.
Moreover, it emphasises the importance of national provision for sanctions against infringement pursuant to the directives, stressing that sanctions must be effective, proportionate and dissuasive.
Ireland has made progress with respect to some aspects of equality. However, more needs to be done in identifying uneven protections against different types of discrimination. Also in the monitoring and assessment of the impact of discrimination on individual and communities and in the effective implementation of sanctions.
Inclusion speaks of making people feel welcome and valued. Integration speaks of enabling effective participation by all members of a diverse society in economic, political, social and cultural life, and fostering a shared sense of belonging at national and local levels. These definitions expose how far we have yet to go with regards to inclusion, integration and social cohesion here in Ireland.
The pandemic has brought to the fore the importance of our migrant communities. Many were key frontline workers and our lives and health were in their care. This development, in addition to the successful implementation of the 2016 action plan led the European Commission to present in November 2020, the new EU Action Plan on Integration and Inclusion (2021-2027).
This document lays the responsibility for integration policies primarily at the door of the member states but provides concrete actions, guidance and delineates funding for initiatives meant to bring inclusion for all. Its proposed main actions are:
1 Inclusive education and training from early childhood to higher education, easier recognition of qualifications and continued language learning, with support from EU funds.
2 Improving employment opportunities and skills recognition to fully value the contribution of migrant communities, and women, and ensure that they are supported to reach their full potential.
3 Promoting access to health services, including mental healthcare, for people with a migrant background. In addition to dedicated EU funding, the action plan seeks to ensure people are informed about their rights and recognises the specific challenges faced by women, during and after pregnancy.
4 Access to adequate and affordable housing funded through the European Regional Development Fund; European Social Fund Plus; Asylum, Migration and Integration Fund; and InvestEU, as well as an exchange of experience at local and regional level on fighting discrimination on the housing market and segregation.
Whereas the 2016 action plan was targeted at third-country nationals, the new plan brings into scope EU citizens of migrant background.
Historically, Ireland tends to welcome migrant and asylum seekers but does very little after that in relation to integration and wellbeing. Bringing into scope citizens of migrant background, as the new EU action plan has done, emphasises the continued obligation of the State for this cohort.
Integration brings social cohesion, which in turn builds sustainability and safety to our society. The action plan is therefore a welcome development as it opens the door for a stronger push for the recognition of its four main actions listed above as individual rights.
Moreover, the EU by the same action plan has established a large variety of measures to incentivise and support national, regional and local authorities, and civil society in their efforts to promote integration.
The problem is that the EU action plan is not legally binding. However, I do not consider this as the end of the road. As the social and the cultural norm at the EU level continues to shift, the action plan may, and should over time, metamorphose into a legally binding instrument.
Ade Oluborode is a barrister