Making an Equality Tribunal Submission

You can make a submission by email or by post.

Submissions sent by email should be in Microsoft Word format (“.doc”), Rich Text Format (“.rtf”) or Portable Document Format (“.pdf”).

All submissions will be accepted and reviewed. However, to have the maximum impact, we suggest the following guidelines:

  • Submissions should not be longer than five pages, to which a more detailed report or supplementary information may be attached if necessary.  Submissions by large coalitions of stakeholders can be up to ten pages.
  • Written submissions should be final.
  • Pages should be numbered.
  • Include an introductory executive summary, capturing the main points contained in the submission.  For clarity, highlight key words relating to the human rights issues in question (e.g., gender discrimination, children’s rights etc.)
  • Submissions should include specific recommendations rather than just general observations.
  • The name and contact details of the person / organisation making the submission should be included.

Equality Tribunal Cases

DEC-S2006-030 Full Case Report involved psychological assessments on a child carried out without the consent of the father. As the incidents referred to by the complainant, involving the HSE, himself and his son, all occurred in the 1990s prior to the Equal Status Act 2000 coming into force, the incidents concerned could not be dealt with retrospectively under the Equal Status Acts.

DEC-S2008-111 – Full Case Report involved a case where the HSE failed to obtain the consent of a father in relation to his daughter’s medical care but where he failed to notify the respondent within the required time limits set out in section 21(2) of Acts.

DEC-S2009-040 – Full Case Report was in relation to a father who claimed that a school had adopted an unlawful policy with regard to the procedure it had put place for the arrangement of parent/teacher meetings for separated parents. He claimed that this discriminated against him as a separated father. He maintained that the policy excludes non-custodial parents from their position as joint legal guardians of their children. He also raised a number of other issues but as he had not included these in the original notification (required before a complaint can be made) the Equality Tribunal had no jurisdiction over these matters.

DEC-S2010-045-Full Case Report involved a father claiming that a school discriminated against him by ignoring his request that his son repeat 6th class. The hearing occurred almost two years after the discrimination allegedly occurred and the father unfortunately failed to appear most likely as the point was, by that stage, moot but the case was obviously quite likely to succeed.
DEC-S2010-046-Full Case Report was in relation to a complaint by a father that he was discriminated against by a hospital that treated him less favourably by failing to obtain his consent in operating on his daughter and in requesting him to go through a solicitor in order to obtain information relating to his daughter. He was awarded €2,000 for the request to use a solicitor but his complaint on consent failed as he had not complained of “indirect” discrimination on the grounds of gender and so the Equality Officer had no jurisdiction to consider this. This case was reported on Father wins €2k over daughter’s operation details following contact with 8 journalists.

DEC-S2010-049- Full Case Report This dispute concerns a complaint by a father that he was discriminated against on the gender, marital status and family status grounds by a Community School in not being provided with information and documentation he had sought with regard to his children’s’ progress in school. I believe these cases are important as they reflect the failure of institutions to respect the right of children to have both parents as Legal Guardians to act JOINTLY on behalf of them. It is important to note that the cases were not all decided on in favour of the fathers but this was due to non attendance, the discrimination occurring before the Equal Status act existed, the complaints being delayed or the notification not containing all matters in the complaint and so they do not reflect that discrimination DID NOT occur but only that the criteria for establishing a prima facie case of discrimination under the Equal Status Acts 2000-2004 were not met.