The Shame of Ireland

The Shame of Ireland

Appling to the Irish human rights commision

Example of irish human rights commission application form and how to fill it out, you can just copy and paste, fill in your own answers and send to

gmorgan@ihrec.ie

If we want to go to the european commission on human rights, they will expect us to have tried this first.

Application for legal assistance (human rights)


1.    Applicant: Michael
       
2.    Respondent: Caranua
       
3.    Human Rights Issue: Discrimination, inequality, unfairness.

3(a)    (You can ignore a,b,c here)

       Constitution                       

       ECHR Act 2003

       Other Act/statutory Instrument, including EU Law – If so, what: [INSERT]   

       
3(b)     Relevant Article(s)/Section(s):  [INSERT]
                                   
3(c)    Relevant law or practice:  [INSERT SUMMARY]



4. Details of Application

4(1)    Allegation of less favourable treatment

[INSERT SUMMARY]
Denied housing help from redress fund because i live in private rented housing.
Failure of caranua to use the special needs function of the legislation to provide me help.
Caranua misleading the appeals officer in the case of my appeal.
Refusal of caranua to make any payment out to me instead going to great lengths and cost to create system to deal with service providers directly, what is wrong with me paying myself and protecting my right to privacy.
The feeling that a two tier system is in operation in caranua, if the website testimonials are to be believed this is not the service i am receiving from caranua.
The broken promise of helping our kids.
The complete stress of having to deal with caranua.
4(2)    Background to the claim

[INSERT SUMMARY]


In 14/07/2014 i had applied for a bicycle, some beds and doors for the house as i was back in accommodation no thanks to caranua i might add, also a cookery course and club membership, i explained to caranua that while some of the things i applied for were not in the guidelines,
i
wish to use the special needs function of the legislation for people in hardship to be approved, after all your slogan is  
" the well being of survivors is at the heart of everything
we do" i was refused everything except the club membership, so to my mind they were lying to me like if they gave a dam they would of helped me, we are after all paying their very large wages from our money in our fund, should they not use the legislation to fight hard for us rather that be using it to deny us things we need, you cant apply a one fits all template to survivors who live with such wide ranging issues, so there my mission started i planned on calling caranua out, but first i had an appeal to prepare for to the caranua appeals board, on appeal caranuas decisions were upheld as the appeals officer merely reverts to caranua for directions rather than do his job properly, he informed me that my situation was not dire enough to avail of the special needs function, that caranua had told him this was only used in end of life type medical situations, and because i live in private rented accommodation i was not entitled to apply for housing help, now i was really disgusted as it was already apparent at this stage that most of our fund would be spent on housing, this to me was complete discrimination, the fact that any payments of my own money could not be made out to me and could only be made to service providers was again blatant discrimination and also held serious data protection issues, they refer to us as survivors, in a group context, but we get no rights as a group, It seemed to me that just because we accepted the redress awards at the time that we no longer had any rights,


If you need anymore background please let me know, and also i have received some help from caranua about 2 years into the process, for glasses, a course and physio sessions.

Here is what caranua told my appeals officer

Rarely would a case meet the hardship provisions, it would reserve for cases of urgent medical intervention.
Here's what caranua told the government

Caranua has advised that in light of the fact that this area deals with exceptional circumstances it is not appropriate to put in place strict criteria to define these since it would remove the element of discretion that this provision is designed to provide for."
Now i am not a legal person but is this not the polar opposite of what caranua told my appeals officer.




(3)    Response of applicant


[INSERT SUMMARYI am now on my 4th advisor in caranua, two and a half years later and still waiting for the help i need to help me get on in life, rather than the mere tokenism caranua dispenses despite the huge wages and the costs taken from our fund. As i said above i have been contacting politicians, caranua and newspapers for a long time now to expose these issues and get change, have i not a right to be treated fairly, all this time thinking why would they treat me like this any advice or help you could provide me with would be so helpful.


5. Application of the Criteria –
(the comments of the applicant are set out in a) and the comments of the IHREC Officer are set out in b)
5(1)     Has the applicant sought, or can the applicant seek, legal assistance elsewhere if so, please provide details.
Applicant:
I have contacted solicitors
But never received more than a templated response.
IHREC Officer

5(2)    Has the applicant obtained, or can the applicant obtain an alternative remedy. If so please provide details.
Applicant i dont see how i can, i have no where else to turn.

IHREC Officer
5(3)    Does the matter raise a question of principle?
Applicant, yes

IHREC Officer
5(4)    Does the matter raise significant case law that has not yet been developed and/or, does the matter seeks to clarify an important point of law.
Applicant, yes

IHREC Officer

5(5)     Has there been a substantial body of precedent already established in this area?
Applicant, no

IHREC Officer
5(6)    Is the applicant reasonably likely to succeed in the proceedings?
Applicant, yes being that the discrimination is so overt.

IHREC Officer
5(7)    Will the proceedings have a beneficial impact on:
Others covered under the same or similar issues;
for the development of human rights and/or equality law and/or practices or policies.
Applicant, yes, there are a large number of survivors who need help with this.

IHREC Officer
5(8)    What is the geographic spread of similar applications?
Applicant, dont know

IHREC Officer
5(9)    Does the matter fall within the priority areas, as identified by the strategic statement?
Applic yes

IHREC Officer
5(10)    Will legislative change be required if proceedings are successful?
Applicant yes in relation to giving our kids access to the fund.

IHREC Officer
5(11)     Does the applicant have the capacity to represent himself/herself?

Applicant, no

IHREC Officer

5(12)     Are the issues complex?
Applicant, it looks pretty blatant to me, but in a legal sense i would not now.

    b)   IHREC Officer
5(13)     What are the merits of the case as a matter of law or facts?
Applicant, blatant discrimination against abuse survivors.

IHREC Officer
5(14)     State the extent to which a serious discrimination and/or serious human rights violation, perpetrated against the applicant?
Applicant, as stated above.

IHREC Officer
5(15)     What is the possible impact/effect of the alleged human rights violation/discrimination on the applicant?
Applicant, damaging my mental well being, made to feel worthless, sub human, highly stressed.

IHREC Officer

5(16) What was the response of the respondent, if any?

Applicant, none.

IHREC Officer

5(17) Does the matter involve multiple grounds of discrimination?

Applicant yes

b)  IHREC Officer

5(18) Has the applicant failed to cooperate with Commission in relation to the application?

Applicant, no

IHREC Officer

5(19) Has the applicant behaved in an aggressive and/or abusive manner towards the staff of the Commission?

Applicant, no

IHREC Officer

5(20)Has the applicant failed to comply with the reasonable request of the Commission acting on behalf of the person to provide information and / or to undertake action for the purpose of the proceedings or to cooperate with the reasonable request of the Commission?

Applicant no

IHREC Officer

5(21)) What resources have previously been afforded to the applicant by the Commission?

Applicant none

IHREC Officer

5(22) Has the applicant unreasonably refused to take the advice of the Commission?

Applicant no

IHREC Officer

5(23) Has the applicant provided seriously inadequate, seriously incorrect or seriously misleading information?

Applicant no everything i have said is fact.

IHREC Officer

5(24) Are there other matters of relevant?

Applicant i think i have pretty much covered it above.

IHREC Officer

____Michael____________                    __________________
Signature of applicant:                     Date:     14/05/2016



6. IHREC Officer’s recommendation:

6. Are you recommending that the IHREC provide assistance to the applicant?

IHREC Officer:

7. If positive, what is the nature of the assistance sought?

IHREC Officer:

a)    Legal advice                           
b)    Legal representation to mediation and / or hearing       
c)    Counsel         estimated cost               
d)    Expert witnesses                       
e)    External solicitors                       




Signature of IHREC Officer:                    Date:        



OFFICE USE ONLY

8. Other

8(1) What is the current caseload of IHREC?

IHREC Officer:

8(2) What is the projected costs of legal assistance, if granted?

IHREC Officer:
                                   
Year 1:    _____________________    €_________
Year 2:    _____________________    €_________
Year 3 +:    _____________________    €_________

8(3) Will this case be low input, high input and or complex?

IHREC Officer:

8(4) Is there enough time to properly prepare for the case?

IHREC Officer:

8(5) What is the likely award or order?

IHREC Officer:

8(6) What impact will bringing this case have on the resources in the Legal Section?

IHREC Officer:

8(7) Do the benefits in terms of Commission’s statutory functions warrant the application of the resources required?

IHREC Officer:


9. Decision of Head of Legal Section

9(1)  How much of IHREC’s legal budget has been spent in the year to date?

Head of Legal:

9(2) How much of the legal budget has been committed in the year to date?

Head of Legal:

If the decision is positive, state type of assistance




If the decision is negative state reason(s)


Signature of Head of Legal:                    Date:        


10.  Appeal

The Commission directs that a refusal by the Head of Legal to grant assistance to an applicant pursuant to section 40 may be subject to an appeal to the Director of the Commission.

The applicant must be informed as to the reasons for the refusal.
The applicant must be informed that the decision of Head of Legal may be appealed to the Director of the Commission and invited to make any response to the Head of Legal’s decision and the reasons therefore, as he or she might wish, all of which will be considered by the Director of the Commission.

11. Review

Assistance may be granted for all or, part of the proceedings (but not normally appeals). After each stage of the proceedings in the matter has been reached, the Head of Legal may review the matter and will decide whether to continue the assistance in whole or in part in light of the Commission’s Guidelines. Prior to a decision not to continue with the assistance, the views of the applicant will be sought. Where a decision is taken by the Head of Legal not to continue with the assistance, that decision will be communicated to the applicant who may apply to have that decision reviewed by the Director of the Commission.

In addition, the Head of Legal reserves the right to rescind the decision to grant assistance and/or to withdraw assistance where the Terms and Conditions of the grant of assistance, as agreed between the applicant and the Commission, have not, in the opinion of the Head of Legal, been complied with by the applicant. For example, if the Head of Legal considers, in light of new material information received (including information that could have been disclosed to the Head of Legal by the applicant but was not disclosed at the material time when a decision to grant assistance was taken) considers that he/ she would not have granted assistance had he/she been appraised of such information at the outset, or where the Head of Legal considers that non-cooperation by the applicant or any other good cause has been shown, as set out in the Terms and Conditions of the grant of assistance, the Head of Legal can rescind the decision to grant assistance and/or to withdraw assistance. Prior to any decision not to continue with the assistance, the views of the applicant will be sought.  Where a decision is taken by the Head of Legal to rescind or withdraw assistance, that decision will be communicated to the applicant. The applicant may then apply to have that decision reviewed by the Director of the Commission.

The Head of Legal will annually review each case in which assistance has been granted.


Views: 148

Comment by Rob Northall on May 29, 2016 at 12:43

Well Done Michael for working your way through that!

They like to make it very complicated!

Comment by micheal on May 29, 2016 at 12:46

They sure do Rob, thanks

Comment by Elizabeth Dormer on May 29, 2016 at 12:49

I find that too much for my head to cope with, can anybody help me please to do this?

Comment by micheal on May 29, 2016 at 12:56

If you want to send me a private message with your story and details i will put the form together for you and send it back to you, you can then email this off to the email on the form. if you would rather not do that just ask a question here, i will help you any way i can. Michael

Comment by micheal on May 29, 2016 at 12:59

If anyone needs help with this form just ask. Michael

Comment by Rob Northall on May 29, 2016 at 13:06

I think one of the Biggest Bug Bears that Survivors have (notably I am not a Survivor, but I have been listening to Survivors for about 7 years now). I the fact that the 2002 Indemnity Deal is Unconstitutional and needs repealing!

This is made worse by the fact that Government haven't made the Religious Orders Cough up!

I think if this issue was addressed then Survivors may get some comfort?

Do you (Michael) think this is a suitable  vehicle for this?

Comment by micheal on May 29, 2016 at 13:15

100% Percent Rob, its part and parcel of the sweet heart deal which has directly led to the current abuse of survivors. I think it would be huge if this could be repealed. Michael

Comment by micheal on May 29, 2016 at 13:18

Btw Rob its your site that has given us a voice out here in cyber land:-)

Comment by Rob Northall on May 29, 2016 at 13:28

I said from the Outset

This Is not My Website!

It Is YOURS

ALL Of YOURS!

I Am just the Door Keeper and pick of the Shortfall for thee Site hosing fees!

I am so pleased to see Activism moving positivity forward!

Survivor Lead and Driven!

I'm So proud after encouraging YOU ALL for so Long!

Comment by micheal on May 29, 2016 at 13:45

Thanks Rob

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