A/HRC/19/9 68. Australia noted the announcement by Ireland of the formation of a new institution, the Human Rights and Equality Commission, by merging the two existing entities. Australia noted that Ireland considered it a priority to hold a referendum on children’s rights with a view to incorporating those rights in the Constitution. Australia commended the Government’s commitment to promptly ratify the Convention on the Rights of Persons with Disabilities. Australia noted problems in relation to prison accommodation and encouraged Ireland to bring conditions for detainees in line with international standards. Australia made recommendations. 69. Portugal commended Ireland for the broad consultative process in drafting the national report, including the creation of a dedicated user-friendly website, and considered that this practice should be followed. Portugal requested further information on the implementation of article 12 of the Convention on the Rights of the Child. Portugal welcomed Ireland’s proposal to increase women’s participation in public life and inquired as to how Ireland was considering addressing the existing gender pay gap. Portugal made recommendations. 70. Ireland will hold a referendum on the rights of the child in 2012. Preparatory work is already under way. A new government department has been established to address issues relating to children. The Government is also preparing legislation to facilitate the establishment of a Child Protection Agency. The delegation noted that independence of the new Human Rights and Equality Commission will be enhanced by the strengthening of arrangements for it to report to the Oireachtas. It will have an important role to play in the advancement of human rights across the island of Ireland, and will continue to work with the Northern Ireland Human Rights Commission in that regard. In relation to the issue of racism, the delegation recalled that Ireland has a strong statutory framework, which prohibits discrimination on the grounds of race. The Constitution also contains a provision guaranteeing freedom of religion. Regarding the issue of abortion, the delegation explained that Article 40.3.3 of the Constitution guarantees the right to life of the unborn child with due regard to the equal right to life of the mother. The judgement of the European Court of Human Rights confirmed that Article 40.3.3 of the Constitution is in conformity with the European Convention on Human Rights. The Court accepted that Article 40.3.3 of the Irish Constitution, as interpreted by the Supreme Court in another case, the “X Case”, provides that it is lawful to terminate a pregnancy in Ireland if it is established as a matter of probability that there is a real and substantial risk to the life, as distinct from the health, of the mother which can only be avoided by a termination of the pregnancy. This has not been altered by the judgement of the European Court on Human Rights. The delegation noted that the judgement of the European Court on Human Rights highlights the lack of effective and accessible rules in relation to the application of Article 30.3.3. In response to this judgement the Government will establish an expert group with a view to making recommendations to the Government on how this matter should be properly addressed. It is intended that the Expert Group will be established in November 2011. Regarding prisons, the delegation noted that all new prison spaces will have in-cell sanitation. The Government has recently implemented alternatives to custodial measures and further measures are being pursued. The delegation recalled that legislation prohibits discrimination against Travellers. In relation to recognition of Travellers as an ethnic group, the delegation indicated that serious consideration is being given to the question. 71. The United States of America commended Ireland for establishing a Commission of Investigation to examine the clerical sexual abuse of minors and assigning child protection matters to a stand-alone government agency. It encouraged Ireland to carry out a transparent and thorough investigation, commended its efforts to combat gender inequality in the workplace and welcomed the committed review of its laws against domestic violence. The United States of America made a recommendation. 9