Child and Disability Law

Ireland’s ratification of the United Nations (UN) Convention on the Rights of Persons with Disabilities brings about a new set of rights for adults and children with disabilities and new obligations on the Irish State.

Ireland and the UN Convention on the Rights of Persons with Disabilities

The UN Convention on the Rights of Persons with Disabilities (CRPD) was adopted in 2016. Ireland were one of the first countries to sign the convention back in 2007. The primary purpose of the convention is to promote, protect, and ensure the full and equal enjoyment of all human rights by all persons with disabilities. Essentially, the CRPD says countries must not treat people differently or unfairly because of disability and ensures all persons with all disabilities must enjoy all human rights and fundamental freedoms.

Despite being one of the first countries to sign the convention, Ireland was one of the last to ratify it. This occurred in March 2018. By ratifying the convention, Ireland has agreed to bring its own internal laws in-line with the demands of the convention and to be bound by the convention.

What does this mean for persons with disabilities in Ireland?

The CRPD requires change, a paradigm shift in how persons with disabilities are viewed before the law. Ireland’s ratification of the convention marks a significant step towards the recognition of full legal rights of persons with disabilities and puts a series of obligations on the Irish State to ensure the supports are in place to facilitate this.

To give effect to this shift, the CRPD identifies 26 important rights for persons with disabilities. These include, but are not limited to:

• Equal recognition before the law.
• Non-discrimination on the basis of disability.
• Access to justice on an equal basis to others.
• Right to work on an equal basis with others, including reasonable accommodation.
• Right to live independently in the community.

How can Lavelle Partners assist you in bringing a case under CRPD?

Lavelle Partners has a depth of experience in acting for individuals and organisations in discrimination claims and offer client-centred advice and support in a number of areas relating to disability law including:

• Assessments of Need for children with disabilities.
• Disability discrimination including Judicial Review.
• Reasonable accommodation in the workplace.
• Assisted Decision-Making and Capacity law.

What our clients say about our experienced Dispute Resolution Team

‘Comprehensiveness, thoroughness, lucidity, candidness and trustworthiness are the main attributes I associate with the Lavelle Partners team based on my experience with them to date. They excel at (a) setting out and contextualising the legal concerns associated with disputed issues, as well as (b) exploring alternative engagement and resolution options, and (c) skillfully advising and expeditiously following-through on appropriately selected courses of action.’

The Legal 500, 2022

‘Expert advice and the priority they gave, in particular their attention to detail.’

The Legal 500, 2022

‘The firm listen to the issues, make sure they understand the precise problems and then accurately summarise the situation with suggested remedies. They make you feel comfortable and you dont feel you are “on the clock”.’

The Legal 500, 2022

‘I have immediate access to their advices via email/telephone and it’s always friendly and professional. I can rely on their recommendations at all times.’

The Legal 500, 2022

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For further information regarding Child and Disability Law, please contact Lavelle Partners in confidence on (01) 644 5800.