Libertas.org

"Mr. Ganley is correct. The Charter specifically allows the detention of children for educational supervision. That is a fact"

Eamon Gilmore and the Labour Party have "a lot of explaining to do" in relation to the issue of the Charter of Fundamental Rights of the European Union, Libertas spokesperson Caroline Simons said this afternoon.

She was responding to comments made by the Labour Party leader on the issue of whether the Charter made provision for the detention of children for educational purposes.

Ms. Simons said that Mr Gilmore and his advisors had clearly not read the Explanatory Memorandum prepared by the Praesidium of the Convention which drafted the Charter and which was updated under the responsibility of the Praesidium of the European Convention.

This document (click here) is a valuable tool which will be used by the European Court of Justice to interpret the terms of the Charter.

This official explanatory memorandum of the Charter outlines the limitations placed on rights enumerated in the Charter.

In the case of the right to liberty, the Charter outlines the limitations placed on that right. Specifically, the explanation of article 6 (page 3 of the attached document) permits the following among other restrictions on the right to liberty:

If Ireland votes to ratify Lisbon and accept the Charter, it also votes to accept the limitations or 'negative' definitions which form part of the terms of the Charter. (Ref Article 52.3 of the Charter)

For example, in the area of the right to life, member states may reintroduce the death penalty in certain circumstances "in respect of acts committed time of war, or imminent threat of war". This is contrary to the decision of the Irish people in a referendum to abolish the death penalty.

Spokesperson Caroline Simons said:

"Eamon Gilmore has not read the entire Lisbon package. There is much about the Charter that is very good. However, accepting the Treaty buys us the Charter, the European Convention for the Protection of Human Rights and Fundamental Freedoms and draws on a number of other human rights charters.

Irish people should be aware that the Charter places significant limitations on human rights, and could actually weaken rights which are enumerated in our own Constitution and in the decisions of our Irish courts.

Bunreacht na hEireann created a system of fundamental rights chosen by the Irish people for themselves, unalterable save with the express consent of the people in a referendum.

The requirement that rights under the Charter can only be invoked when a member state is "implementing Union law" does not insulate our Irish Constitution against the determinations on rights by the European Court of Justice. This has been pointed out by leading Constitutional experts, the difficulty being that the majority of our 'Irish' laws now have a European Union measure as their origin.

Mr. Ganley is correct. The Charter specifically allows the detention of children for educational supervision.

Can Eamon Gilmore explain to us why he has not read the Charter and the related documents? Can he explain why he is not calling for it to be sent to every home? Can he explain why the Charter and its explanatory memorandum are not even included with the Treaty in the first place?

This is alarming, and as public awareness of it grows, people will begin to view the Treaty in an entirely new light."