Our Liberties in Lockdown

Ireland’s leading human rights organisation, the Irish Council for Civil Liberties (ICCL) report has identified concerning infringements in basic human rights by the government’s emergency response to the Covid-19 pandemic.

The ICCL published a report, titled “Human Rights in a Pandemic”, in June 2021, which provides a detailed analysis about the Irish government’s response to the Covid-19 pandemic and how this response has impacted our basic human rights.

The ICCL monitored drew up the report by considering two factors. Firstly, the legislation and the government’s response, and secondly, the impact on certain groups. The ICCL corresponds with numerous NGO groups, that represent different individuals in Irish society, such as women, travellers, refugees etc.

To analyse the response to the Covid-19 pandemic, the most important factor the ICCL considered was the emergency legislation the government hastily implemented in March 2020. The ICCL finds the “rushed” measures and limitations in certain human rights understandable, due to the unprecedented nature of the crisis and the need for swift action and the protection of human life and health.

Sinéad Nolan, the communications manager of the ICCL, criticised the government’s extension of emergency legislature, stating, “there would have been ample time for government to follow the normal democratic process, which involves scrutiny by opposition parties and Oireachtas committees, but none of that practice was followed”.

Nolan further states, “One of the bigger problems with the emergency legislation is that it concentrates a huge amount of power in the hands of the health minister”. When Stephen Donnelly became the minister of health in summer 2020, he introduced laws that Nolan characterised as “very problematic”. Although many of these were rescinded, Nolan highlights the troubling reality of a minister “ruling by decree”.

Another problem identified by the ICCL’s report, was an over reliance on police powers. An example of our human rights being limited by these emergency measure, was the Gardai’s usage of spit hoods if they suspected an individual being detained or arrested would spit. In this case, the ICCL is worried about these devices being used on the vulnerable, such as people with mental illness.

ICCL’s report has identified that the government’s response to the pandemic has had disproportionate impacts on certain individuals in society. For example, the elderly were led to believe that it was law to “cocoon”, yet it was only a recommended measure.

One basic human right, that is a vital pillar of a democratic society, was completely revoked. Our right to protest. The UN Special Rapporteur recognises the Freedom of Assembly and Association classifies peaceful assembly and protest as an “essential tool through which individuals and groups can make known their views to those governing them, in order to shape public policies and decisions affecting society as a whole.”

While the ICCL recognises that a limitation of this right, with regards to assemblies of large groups, was understandable due to the health risks associated with them. However, they deem the apparent “blanket ban” of all protests as unconstitutional. They hold that small, controlled, gatherings should have been permitted.

These are uncertain times for all, and the ICCL recognises that human life is the most important right to protect. However, the emergency measures implemented by the government cannot limit our liberties to a point where it dismantles the human rights framework that provides us with protection too.