Ireland has an extensive history of systemic human rights abuses of women and children, encompassing multiple institutional settings and spanning most of the 20th century: Magdalene Laundries, Mother and Baby Homes, industrial schools and the non-consensual practice of symphysiotomy in hospitals.
The legal responses of the state have been fragmented, generally narrow in approach, and often the subject of censure from various UN Treaty Bodies (see Concluding Observations on Ireland by CAT 2011, 2017, HRC 2014, CESCR 2015, CEDAW 2017), with consistent recommendations to the effect that there must be independent and thorough investigations, prosecution of perpetrators, and adequate redress – i.e. access to justice. However, while Ireland has been increasingly criticised regarding historical abuses of women, the specific issue of historical practices of illegal adoption has not been scrutinised to the same extent.
Therefore, the recent Report of the Special Rapporteur on the Sale and Sexual Exploitation of Children regarding her visit to Ireland is noteworthy due to the detailed concerns expressed by the Special Rapporteur regarding historical practices of illegal adoption (in Mother and Baby Homes and related institutional settings).
The Special Rapporteur stated that not enough has been done “to provide information, accountability and redress” to those who suffered abuse in such institutions (Mother and Baby Homes and Magdalene Laundries) and “to those who were adopted in a manner that would amount to sale of children under international law”.
In this manner, the Report draws much needed attention to the issue of historical practices of illegal adoption, while also offering a further indictment of Ireland’s poor legal responses to its history of systemic abuses of women and girls, building on the repeated recommendations of UN Treaty Bodies.