Irish Human Rights and Equality Commission

The Irish Human Rights and Equality Commission is the national human rights and equality organisation in Ireland. It is an independent publicly funded body. It is accountable to the Oireachtas (Dáil and Seanád). It was set up to protect and promote human rights and equality.

IHREC also:

The Commission also:

• Promotes and protects human rights and equality
• Encourages respect for human rights, equality, and intercultural understanding in the State
• Promotes understanding and awareness of human rights and equality in the State
• Encourages intercultural relations, with all people to promote tolerance and acceptance of diversity in the State and respect for the freedom and dignity of each person
• Works to eliminate human rights abuses, discrimination and prohibited conduct

In carrying out its role, the Commission:

• Provides information to the public on human rights and equality
• Reviews the effectiveness of law and practice on human rights and equality within Ireland
• Makes recommendations to Government to strengthen, protect and uphold human rights and equality
• Examines any legislative proposal and reports its views on any implications for human rights or equality
• Provides legal assistance to people taking legal proceeding to vindicate their rights in certain circumstances
• Takes legal action to vindicate human rights in the State
• Consults with relevant national and international bodies about human rights or equality issues
• Provides or helps provide education and training on human rights and equality issues
• Carries out equality reviews and prepares equality action plans
• Conducts inquiries into possible violation of human rights or equality of treatment duties in the State
• Takes part in the Joint Committee of Representatives of members of the Commission and members of the Northern Ireland Human Rights Commission

IHREC is set up under the Irish Human Rights and Equality Commission Act 2014.

If you have been discriminated against, the Commission may assist you with legal proceedings.

Before you ask for IHREC’s assistance, you must have made reasonable efforts to get legal assistance elsewhere, for example, civil legal aid or criminal legal aid

The Commission is not an adjudication body for complaints about human rights violations in Ireland. It cannot offer remedies or compensation in cases where human rights have been violated. It cannot overturn court, or tribunal decisions, or require government departments to give entitlements to people who may feel they have an entitlement.

You can contact the Commission for more information about how they assess requests for legal assistance.

Your Rights Service

IHREC's Your Rights Service can give you information but it cannot provide legal advice or comment on any individual legal case.

IHREC can tell you what the law says, but they cannot tell you how the law applies to your situation, or what you should do next.

The Your Rights Service can be contacted by phone, email or by post.

There are 2 distinct pieces of legislation in place which set out equality rights for people and specifically make discrimination illegal when it occurs.

• The Employment Equality Acts 1998–2015 deals with discrimination at work
• Equal Status Acts 2000–2015 deals with discrimination outside the workplace

These laws make it illegal to discriminate in:

• Employment
• Vocational training
• Advertising
• Collective agreements (an agreement between an employer and trade union on pay or work conditions)
• Provision of goods and services

Goods and services include

• Professional or trade services
• Health services
• Access to accommodation and education
• Facilities for banking
• Facilities for transport
• Facilities for cultural activities.

Grounds of discrimination

Under equality legislation discrimination based on any one of the following distinct grounds is unlawful. These grounds are:

• Gender
• Civil or marital status
• Family status
• Sexual orientation
• Religion
• Age (does not apply to a person under 18)
• Disability
• Race
• Membership of the Traveller community

Housing assistance ground

You cannot be discriminated against when renting because you are getting Rent Supplement or any other social welfare payment, or a Housing Assistance Payment (HAP). This is known as the housing assistance ground. It is provided under the Equal Status Acts 2000–2015.

You can find out more about the Equal Status Acts on the IHREC website.

What is discrimination

Discrimination is defined as less favourable treatment. A person is said to be discriminated against if they are treated less favourably than another is, has been or would be treated in a comparable situation on any of the grounds mentioned above.

Direct discrimination

To establish direct discrimination, a direct comparison must be made with another person or situation. For example, in the case of disability discrimination the comparison must be between a person who has a disability and another who has not, or between persons with different disabilities.

Indirect discrimination

Indirect discrimination happens when practices or policies that do not appear to discriminate against one group more than another actually have a discriminatory affect.

For example, if a job advertisement says applicants have to be a certain height, this may put women at a particular disadvantage. In this example, the employer would have to show the requirement was strictly necessary.

There are 2 further types of discrimination. 

• Imputed discrimination
• Discrimination by association

You may be discriminated against if someone assumes incorrectly that you fall under a protected ground. For instance, you are not a Traveller, but someone assumes that you are and discriminates against you because of that. This is called imputed discrimination.

You may be discriminated against because of your connection, relationship or association with another person who falls under a protected ground. For example, you are discriminated against because your friend is gay. This is called discrimination by association

You can read more about equality in work.

If you think you have been discriminated against and want to make a complaint, you should get advice from your solicitor.

Employment

If you have a complaint under the Employment Equality Acts 1998-2015, you must bring your complaint within 6 months of the last act of discrimination (the last time the discrimination took place). However, this period may be extended to 12 months but only if you have a valid reason for the delay.

You can make a complaint to the Workplace Relations Commission using the online complaint form on workplacerelations.ie.

Complaints about workplace or employment equality

To make a complaint under the Equal Status Acts 2000-2015, you must first notify the person or organisation you are making the complaint against within 2 months of the last act of discrimination (the last time the discrimination took place).

You may be able to apply for an extension to notify the oganisation after the 2 months have passed.

If you are not satisfied with the service provider's response, or if they have made no response within 1 month from the date you notified them, you can bring a complaint to the Workplace Relations Commission within 6 months of the last act of discrimination.

Find more information in Disputes about equality and discrimination.

For advice or assistance on human rights and equality issues contact IHREC.

You can also find a list of other human rights organisations that may be able to help you.

Find more about Your rights service and I don't see my issue on the IHREC website.

You can also find a list of other human rights organisations that may be able to help you.