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Court Faults Ireland in Abuse Case Irish Government Ordered to Compensate Abuse Victim
(about 1 hour later)
DUBLIN — The European Court of Human Rights ruled on Tuesday that a 48-year-old Irish woman was entitled to compensation for the government’s failure to protect her from sexual abuse as a child when she attended a publicly financed Roman Catholic primary school in the 1970s.DUBLIN — The European Court of Human Rights ruled on Tuesday that a 48-year-old Irish woman was entitled to compensation for the government’s failure to protect her from sexual abuse as a child when she attended a publicly financed Roman Catholic primary school in the 1970s.
The ruling overturned a series of legal decisions by Irish courts over the past decade, which all found that the state could not be held responsible for inhuman and degrading treatment suffered by children in state-funded schools.The ruling overturned a series of legal decisions by Irish courts over the past decade, which all found that the state could not be held responsible for inhuman and degrading treatment suffered by children in state-funded schools.
The Irish government had argued that despite its having underwritten the school, its liability did not extend to the school’s management or the actions of its personnel. But the court found that there was an “inherent obligation of a government to protect children from ill-treatment, especially in primary education when they are under the exclusive control of school authorities, by adopting special measures and safeguards.”The Irish government had argued that despite its having underwritten the school, its liability did not extend to the school’s management or the actions of its personnel. But the court found that there was an “inherent obligation of a government to protect children from ill-treatment, especially in primary education when they are under the exclusive control of school authorities, by adopting special measures and safeguards.”
It noted further that Ireland “had to have been aware of the level of sexual crime against minors through its prosecution of such crimes at a significant rate prior to the 1970s.”It noted further that Ireland “had to have been aware of the level of sexual crime against minors through its prosecution of such crimes at a significant rate prior to the 1970s.”
Legal commentators said the judgment not only opened the door for hundreds of other similar cases in Ireland but could pave the way for actions in other European states where the education systems rely on similar managerial structures. Legal commentators said the judgment not only opened the door for hundreds of other similar cases in Ireland but could pave the way for actions in other European nations where the education systems rely on similar managerial structures.
The case was brought by Louise O’Keeffe, who in 1973 was 9 years old when she was abused by a lay teacher at Dunderrow National School in rural County Cork.The case was brought by Louise O’Keeffe, who in 1973 was 9 years old when she was abused by a lay teacher at Dunderrow National School in rural County Cork.
The teacher, Leo Hickey, who was also the school’s principal, was not charged until his retirement in 1995, when 386 criminal offenses were brought against him involving 21 former pupils of the school. He was imprisoned in 1998 for three years after pleading guilty to 21 charges.The teacher, Leo Hickey, who was also the school’s principal, was not charged until his retirement in 1995, when 386 criminal offenses were brought against him involving 21 former pupils of the school. He was imprisoned in 1998 for three years after pleading guilty to 21 charges.
The investigation found that in the early 1970s parents had approached the local priest responsible for managing the school, but no complaints were forwarded to the police or the state’s Department of Education. The investigation found that in the early 1970s parents had approached the local priest responsible for managing the school, but no complaints were forwarded to the police or the Irish Department of Education.
The European court, based in Strasbourg, France, ordered the Irish government to pay Ms. O’Keeffe $40,950 in damages and $116,000 in costs, The Associated Press report. The court ruled that the Irish state had failed to provide any mechanisms to allow parents to raise their concerns with the civil authorities, echoing the arguments of Ms. O’Keefe’s lawyer, Ernest Cantillon, that “it was a case of see no evil, hear no evil and therefore there was no evil.” The European court, based in Strasbourg, France, ordered the Irish government to pay Ms. O’Keeffe $40,950 in damages and $116,000 in costs, The Associated Press reported. The court ruled that the Irish state had failed to provide any mechanisms to allow parents to raise their concerns with the civil authorities, echoing the arguments of Ms. O’Keeffe’s lawyer, Ernest J. Cantillon, that “it was a case of see no evil, hear no evil, and therefore there was no evil.”
“What was particularly hurtful was that the state sought to blame Louise’s parents, who are now dead, and indeed the parents of the other children, for not reporting the abuse,” Mr. Cantillon said in a statement.“What was particularly hurtful was that the state sought to blame Louise’s parents, who are now dead, and indeed the parents of the other children, for not reporting the abuse,” Mr. Cantillon said in a statement.
“Indeed, we found out, during the course of this litigation, that the parents of one little girl did indeed complain to the only person who was available to them, namely the Catholic Church-appointed manager, but to no avail.”“Indeed, we found out, during the course of this litigation, that the parents of one little girl did indeed complain to the only person who was available to them, namely the Catholic Church-appointed manager, but to no avail.”
Following the judgment, Ms. O’Keeffe praised what she said was a “win for the children of Ireland,” and called on the Irish government to introduce legislation, rather than guidelines, on child protection. Following the judgment, Ms. O’Keeffe praised what she said was a “win for the children of Ireland,” and she called on the Irish government to introduce legislation, rather than guidelines, on child protection.
“Abusers hide behind guidelines,” she said. “Legislation is what will secure the protection of the children, so it is up to the state now to put the legislation in place.”“Abusers hide behind guidelines,” she said. “Legislation is what will secure the protection of the children, so it is up to the state now to put the legislation in place.”
The Irish Department of Education said in a statement that it would assess the implications of the court’s binding judgment and take the necessary steps to implement the decision. The Irish Department of Education said in a statement that it would assess the implications of the court’s binding judgment and take the necessary steps to carry out the decision.