Irish Council for Civil Liberties (ICCL) Press Release
For Immediate Release
Thursday 6 November 2014
The independent rights watchdog, the Irish Council for Civil Liberties (ICCL) has strongly criticised a proposed Government redress scheme for survivors of the barbaric surgical practice of symphysiotomy.
Speaking shortly after the scheme was outlined by its Government-designated assessor, retired Judge Ms Maureen Harding-Clark, ICCL Director Mr Mark Kelly said:
“In July this year, the United Nations Human Rights Committee outlined the measures that should be taken by the Irish Government to provide proper reparation for survivors of symphysiotomy. The UN’s top human rights experts made crystal clear that the women concerned have a right to an effective remedy for the harm done to them, which should include: a prompt, independent and thorough investigation; the prosecution and punishment of the perpetrators, including medical personnel, and fair and adequate compensation and rehabilitation, on an individualised basis.”
“The ex gratia scheme with broad payment bands described by Ms Harding-Clark this morning falls far short of meeting Ireland’s international human rights obligations to an ageing population of survivors of this barbaric surgical practice. Reports that any offers made under the scheme will have to be accepted within less than a month, and that any payments will be made conditional on survivors dropping their legal actions against the State add insult to injury” Mr Kelly added.
Note to editor
The “concluding observations” of the United Nations Human Rights Committee” on the practice of symphysiotomy, as set out in United Nations document CCPR/C/IRL/CO/4, (accessible via this link: http://tbinternet.ohchr.org/_layouts/treatybodyexternal/Download.aspx?symbolno=CCPR%2fC%2fIRL%2fCO%2f4&Lang=en) are as follows:
“Symphysiotomy
The Committee expresses concern that symphysiotomy, a childbirth operation which severs one of the main pelvic joints and unhinges the pelvis, was introduced into clinical practice and performed on approximately 1,500 girls and women in public and private hospitals between 1944 and 1987 without their free and informed consent. While noting the publication of a report by Oonagh Walsh in 2012, the review of the findings of the report by Judge Yvonne Murphy and the planned establishment of an ex gratia scheme for the survivors of symphysiotomy, the Committee expresses concern at the State party’s failure to: (a) initiate a prompt, comprehensive and independent investigation into the practice of symphysiotomy; (b) identify, prosecute and punish, where still possible, the perpetrators for performing symphysiotomy without patient consent; and (c) provide effective remedies to survivors of symphysiotomy for the damage sustained as a result of these operations (arts. 2 and 7).
The State party should initiate a prompt, independent and thorough investigation into cases of symphysiotomy, prosecute and punish the perpetrators, including medical personnel, and provide the survivors of symphysiotomy with an effective remedy for the damage sustained, including fair and adequate compensation and rehabilitation, an individualized basis. It should facilitate access to judicial remedies by victims opting for the ex gratia scheme, including allowing them to challenge the sums offered to them under the scheme.”
ENDS
Contact:
Walter Jayawardene
Communications Manager
Irish Council for Civil Liberties
Tel. + 353 1 799 4503
Mob: +353 87 9981574
Irish Council for Civil Liberties (ICCL) Press Release
For Immediate Release
Thursday 6 November 2014
The independent rights watchdog, the Irish Council for Civil Liberties (ICCL) has strongly criticised a proposed Government redress scheme for survivors of the barbaric surgical practice of symphysiotomy.
Speaking shortly after the scheme was outlined by its Government-designated assessor, retired Judge Ms Maureen Harding-Clark, ICCL Director Mr Mark Kelly said:
“In July this year, the United Nations Human Rights Committee outlined the measures that should be taken by the Irish Government to provide proper reparation for survivors of symphysiotomy. The UN’s top human rights experts made crystal clear that the women concerned have a right to an effective remedy for the harm done to them, which should include: a prompt, independent and thorough investigation; the prosecution and punishment of the perpetrators, including medical personnel, and fair and adequate compensation and rehabilitation, on an individualised basis.”
“The ex gratia scheme with broad payment bands described by Ms Harding-Clark this morning falls far short of meeting Ireland’s international human rights obligations to an ageing population of survivors of this barbaric surgical practice. Reports that any offers made under the scheme will have to be accepted within less than a month, and that any payments will be made conditional on survivors dropping their legal actions against the State add insult to injury” Mr Kelly added.
Note to editor
The “concluding observations” of the United Nations Human Rights Committee” on the practice of symphysiotomy, as set out in United Nations document CCPR/C/IRL/CO/4, (accessible via this link:http://tbinternet.ohchr.org/_layouts/treatybodyexternal/Download.aspx?symbolno=CCPR%2fC%2fIRL%2fCO%2f4&Lang=en are as follows:
“Symphysiotomy
The Committee expresses concern that symphysiotomy, a childbirth operation which severs one of the main pelvic joints and unhinges the pelvis, was introduced into clinical practice and performed on approximately 1,500 girls and women in public and private hospitals between 1944 and 1987 without their free and informed consent. While noting the publication of a report by Oonagh Walsh in 2012, the review of the findings of the report by Judge Yvonne Murphy and the planned establishment of an ex gratia scheme for the survivors of symphysiotomy, the Committee expresses concern at the State party’s failure to: (a) initiate a prompt, comprehensive and independent investigation into the practice of symphysiotomy; (b) identify, prosecute and punish, where still possible, the perpetrators for performing symphysiotomy without patient consent; and (c) provide effective remedies to survivors of symphysiotomy for the damage sustained as a result of these operations (arts. 2 and 7).
The State party should initiate a prompt, independent and thorough investigation into cases of symphysiotomy, prosecute and punish the perpetrators, including medical personnel, and provide the survivors of symphysiotomy with an effective remedy for the damage sustained, including fair and adequate compensation and rehabilitation, an individualized basis. It should facilitate access to judicial remedies by victims opting for the ex gratia scheme, including allowing them to challenge the sums offered to them under the scheme.”
ENDS
Contact:
Walter Jayawardene
Communications Manager
Irish Council for Civil Liberties
Tel. + 353 1 799 4503
Mob: +353 87 9981574
