2014 Act; New Commission The main purposes of this 2014 Act are to: provide for the establishment of the Irish Human Rights and Equality Commission; to provide for the dissolution of the Human Rights Commission and the Equality Authority and the transfer of their functions to the new Commission; strengthen and enhance the powers of the new Commission; introduce a positive duty on public bodies […]
Admissibility Criteria The admissibility criteria are governed by Articles 34 and 35 of the Convention and influenced by case law. There is no jurisdiction to review laws or practices in the abstract. There must be a violation of a Convention provision. The requirements for admissibility are violation of a Convention right domestic remedies exhausted a state respondent application compatible with the Convention. The application will […]
Human Rights Human rights are often referred to in terms of human dignity. Equality is a basic human right. Persons should be entitled to the same opportunities and conditions without discrimination. Rights are universal. They should not be lost or forfeited. Generally, rights belong to individuals and can be enforced by them against states and state bodies and agents. Some rights are absolute. Other rights […]
Source of Human Rights Human rights refer to basic principles recognised domestically and internationally with which states in the administration of their laws and lawmakers in making their laws must comply. There are a number of distinct sources of human rights law which apply to different extents in Ireland. The most basic source of human right law is the Irish Constitution. Laws may not be […]
Binding on State Ireland ratified the European Convention on Human Rights in 1953. From that time, the Convention was binding on the Irish state. Treaties do not automatically become a part of domestic law in Ireland. For almost the first 50 years of its existence, the Convention was binding on the Irish state but did not form part of Irish law. Petitioners applied directly to […]
Institutions The Secretary General of the Council of Europe is elected for a five-year term by the Parliamentary Assembly. It is based on a list of candidates prepared by the Committee of Ministers. The contracting states to the Convention undertake to abide by and comply with the final judgment. The final judgment is transmitted to the committee of members who supervise the execution of the […]
Institutions The number of judges is equal to the number of parties to the Convention. Judges are elected by the parliamentary assembly from a list of three nominees from the State. They are required to be of high moral character and must possess qualifications required for appointment to high judicial office or be jurists of recognised competence. The parliamentary assembly appoints delegates to interview the […]