Ireland

The Constitution of Ireland (Bunreacht na hÉireann) contains a general provision that allows the State to give ‘due regard to the differences of capacity, physical and moral, and of social function’ between women and men (Article 40(1)). Gender equality is not mentioned and Articles 41(2)(1) and 41(2)(2) only recognise a narrow role for women, in the home and as mothers, with no similar passage on fathers.

Gender equality legislation was introduced in the 1970s after Ireland became a member of the European Economic Community (EEC). The introduction of broader equality legislation in the Equal Status Acts (2000-2015) and the Employment Equality Acts (1998-2004), together with new equality infrastructure in the 2000s, established protection against discrimination on nine grounds (including gender) in employment and access to services.

A significant gender mainstreaming policy was adopted during the late 1990s and early 2000s when a National Development Plan (Ireland’s multi-annual investment strategy, partly funded by the European Structural Funds) adopted gender mainstreaming as a horizontal principle. Gender impact assessment guidelines were also issued and applied to most areas of policy, and a Gender Mainstreaming Unit was established which was a precursor to the current Department of Children, Equality, Disability, Integration and Youth.

The most recent policy measure is the National Strategy for Women and Girls 2017-2020 (NSWG), adopted by the government in May 2017 and extended to 2021.^[1] It was prepared by the Gender Equality Division (GED) of the Department of Children, Equality, Disability, Integration and Youth, with the advice of the Strategy Committee.^[2] It ties into relevant EU legislation and provides objectives in key areas of life relating to gender equality. An all-government strategy, prepared by the GED with input from a strategy committee, the NSWG obliges all government departments to gender-proof new policies and review existing policies to ensure gender equality.^[3] An integral management tool of the NSWG is an inter-departmental committee, which coordinates, stimulates, and mainstreams gender equality. The committee is entirely composed of managerial personnel who has the opportunity to promote and oversee policy implementation and meets on average four times a year. The NSWG identified ‘embedding gender equality in decision-making’ as one of six high-level objectives, with 16 measures agreed upon to advance this priority.

The National Strategy for Women and Girls 2017-2020 contains a provision for regular progress reports on implementation. A progress report for the first year (May 2017-July 2018) of the NSWG has been published. It included indicators to monitor change but no targets against which to assess it. Out of a total of 139 measures, only 13 had been completed in this first year of implementation.^[4] No further progress reports have been published.

All government departments are required to address gender equality formally in strategic planning, policies and practices, and annual reports. This forms part of the public sector equality duty set out in Article 42(1) of the Irish Human Rights and Equality Commission Act of 2014, which states that public bodies should consider the need to:

1. eliminate discrimination;
2. promote equality of opportunity and treatment of its staff and the persons to whom it provides services; and
3. protect the human rights of its members, staff, and the persons to whom it provides services.

Departments can also consider gender impact in the development or review of strategies, and ensure that the design and review of funding and grant schemes include measures on gender equality.

A strategy committee was appointed in February 2017 to advise the then Department of Justice on the preparation and implementation of the National Strategy for Women and Girls 2017-2020, which is now chaired by the Minister for Children, Equality, Disability, Integration and Youth.^[5] The committee is composed of representatives of all government departments, key public bodies, social partners, and civil society, including the National Women’s Council of Ireland. Ireland has several other policies to promote gender equality within a range of sectors.