‘Responsibility’
In a statement, the commission said that the State bore “significant responsibility” for the abuse suffered historically by children in schools.
“This has been clear, as a matter of law, since 2014, when Louise O’Keeffe won her case before the European Court of Human Rights (ECtHR) in Strasbourg,” it stated.
The court ruled that the State had breached O’Keeffe’s human rights, and awarded her €84,000 in compensation from the State.
Obligations
In its statement, the commission noted comments from the Government that it had a moral obligation to ensure justice for abuse survivors and redress.
“In fact, there is an ECtHR judgment requiring the State, for the past ten years, to accept its part of the responsibility for failing to protect children from sexual abuse in schools over decades, and to provide redress – right now – in line with its legal obligations under the O’Keeffe judgment,” IHREC stated.
IHREC also welcomed the scoping inquiry’s recommendations on other forms of restorative justice for abuse survivors.
It added, however, that any restorative-justice programme must be available to all survivors, and must not repeat what it described as “the State’s past mistake of imposing arbitrary and discriminatory pre-conditions on access”.