The Impact of the Habitual Residence Condition on Travellers and Roma in Ireland

1. The Impact of the Habitual Residence Condition on Travellers and Roma in Ireland 22 March 2012 Tanya Ward, Chief Executive, Children’s Rights Alliance

2. 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

3. 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

4. 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

5. 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

6. 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

7. 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

8. (1) Protection from Discrimination • The principle of non-discrimination 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

9. (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

10. (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

11. (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?

12. 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