Move to force rethink on child sex abuse payouts welcomed

Children’s rights campaigners have welcomed a move by the Irish Human Rights and Equality Commission to try to force a Government rethink on its attitude to compensating victims of child sex abuse.

The IHREC wants the landmark European Court of Human Rights judgment in the Louise O’Keeffe case taken back to the court for clarification following concerns that the Government has deliberately taken a too narrow interpretation of it in order to avoid taking responsibility for other victims.

Chief commissioner Emily Logan says the Government has instructed the State Claims Agency to reject claims from other victims by making them meet overly restrictive criteria.

“It is apparent that the application of these criteria has operated to deprive individuals who claim they have suffered abuse in circumstances that were, for all material purposes, identical to those of the applicant in O’Keeffe, from securing an effective remedy,” she said.

Louise O’Keeffe, from Kinsale, Co Cork, fought a 30-year battle for justice after being abused by a teacher in the 1970s. The State denied liability in her case, arguing responsibility for her case lay with the school board of management which was practically impossible to sue.

In 2014, the European Court of Human Rights (ECHR) ruled the State did have to take responsibility and it was believed several hundred victims would benefit from the ruling.

However, the State Claims Agency has offered settlements to just seven while threatening others that they will be left penniless if they pursue their cases in court.

The IHREC said the agency insisted that schools named in claims had to have a prior complaint about an abuser and that the abuse had to happen prior to schools getting child protection guidance in 1991-1992.

Ms Logan said: “The State Party has adopted an overly restrictive interpretation as to the category of victims who come within the scope of the judgment.”

The ECHR can be asked to clarify the intent of a judgment if requested to do so by a Committee of Ministers of the Council of Europe, which means the foreign affairs ministers of member states.

Two-thirds of them have to agree to the request and Ms Logan is seeking a meeting with Ireland’s Charlie Flanagan to ask him to support the move, although for him to do so would be to question the Government’s stance on the judgment. The Minister’s office did not reply to queries.

Ms Logan said the IHREC had a duty to act. “This is the first occasion on which the Commission has called for a case to be referred back to the court, a fact that underlines the importance of the issues raised for the many survivors of sexual abuse who are potentially affected by the court’s judgment.”

The Irish Society for the Prevention of Cruelty to Children backs the move. “The effect of the State’s interpretation has been to limit out of court settlements for victims of child sex abuse, which the ISPCC believes is unacceptable,” said chief executive Grainia Long.

“The State’s response to child abuse sends an important message about how we realise and respect the rights of victims. Everyone should believe that justice, legal sanctuary and redress is available, and that if heinous crimes are visited on children, that they will be able to achieve justice.”