Central to the concept of human rights is respect for the life and dignity of every person.
Human rights are protected in many Irish and international laws. States are obliged under international law to respect, protect and fulfil human rights. The Government has the primary responsibility to uphold human rights by creating the conditions for them to be effective.
However, the State does not give people rights; these rights belong to everyone.
After World War II, the United Nations adopted the Universal Declaration of Human Rights in 1948. The Declaration sets out for the first time the human rights and fundamental freedoms shared by all human beings without discrimination of any kind,
Specific human rights are set out in international (mainly United Nations) treaties, regional (European) treaties, and in Ireland’s Constitution and our national laws.
Bunreacht na hÉireann (the Irish Constitution) is the fundamental legal document that sets out how Ireland should be governed and the rights of Irish citizens. All of Ireland’s laws passed by the Oireachtas (parliament) must be compatible with it. The Constitution can only be changed by a referendum of the people.
Constitutional rights in Ireland include: Right to life; Equality before the law; Right to a fair trial; Right to liberty; Right to freedom of expression, assembly and association; Protection of the family; Right to bodily integrity; Right to freedom from torture, inhuman or degrading treatment or punishment; Right to work and earn a livelihood; Right to privacy.
Human rights set out in international treaties include:
• Civil and political rights, such as the right to life, the right to a fair trial and the right not to be subjected to torture.
• Economic, social and cultural rights, such as the right to work, to join a trade union, to health, to education, and to an adequate standard of living.
Specific groups are protected in specific treaties such as women, children, people with disabilities, minorities, and migrants. A treaty is a formal international agreement between countries.
The European Convention on Human Rights (ECHR) became part of Irish law in 2003 when the European Convention on Human Rights Act 2003 came into effect. Section 3 of this Act specifies that there is a requirement that ‘organs of state’ must perform their duties in a manner compatible with the ECHR. The Irish Courts have considered the compatibility of certain provisions of the Irish law with the ECHR, and the obligations of local authorities under section 3 of the ECHR Act 2003.
Non-discrimination
The ECHR Article 14 provides that “the enjoyment of the rights and freedoms set forth in this Convention shall be secured without discrimination on any ground such as sex, race, colour, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth or other status.” However, Article 14 is not a standalone right, which means that it must be raised in together with another right protected under the ECHR.
In addition, the equality guarantee, pursuant to Article 40.1 of the Constitution, provides that all persons shall be held equal before the law, and that the State cannot unjustly, unreasonably or arbitrarily discriminate between individuals. In this regard, you cannot be treated differently to any other person in society simply because of your human attributes such as your ethnic, racial, social or religious background. However, this is not an absolute right, and this is expressly qualified under the Constitution, by allowing the State to have due regard to “differences of capacity, physical and moral, and of social function
While the Workplace Relations Commission (WRC) is the main body responsible for deciding on discrimination under Ireland’s equality laws, generally human rights cases are heard before the superior courts.
Human rights cases often contest the legality of laws, policies and practices that appear to go against the protections set out in the Irish Constitution, the European Convention on Human Rights and the standards in the many international treaties which Ireland has committed to respect, protect and fulfil.
These cases, brought by individuals or organisations through their lawyers, are often more complex and draw on a wider range of laws than equality cases. They are also more expensive (there is no charge to bring a case at the WRC) and can take longer to complete.
Under Ireland’s legal system, an individual can only make use of human rights laws that have been brought into national law, such as for example the rights protected under:
• the Irish Constitution.
• the European Convention of Human Rights Act 2004-2014.
• where EU law is applicable, the EU Charter of Fundamental Rights.
This means that you cannot make use of international human rights laws that Ireland has not brought into national law through an act of the Oireachtas (parliament).
Public decisions – made by Government or public bodies for example – may be judicially reviewed by the High Court to determine whether they are unconstitutional or illegal. If the complaint concerns a breach of fair procedures, it may be open to an individual to seek redress through the superior courts, specifically by way of judicial review.
When an individual has gone as far as they can go with a human rights case in Ireland, a complaint might be made to the European Court of Human Rights.
To see whether your complaint may be admissible, you can consult the admissibility checklist of The European Court of Human Rights. More information on can be accessed here.
Some international human rights treaties have complaints mechanisms for individual from countries that have joined.
Since Ireland has joined the “Optional Protocol” of the International Convention on Civil and Political Rights, an individual can make a complaint to the UN Human Rights Committee. Again, you must first use all legal options in Ireland.
Ireland has not ratified the Optional Protocol to the International Convention on Economic, Social and Cultural Rights, which means that a person cannot make a complaint to the UN Human Rights Committee for an alleged breach of a right under that treaty.
More information on the nine Core International Human Rights Instruments and their monitoring bodies can be found here: Human Rights Bodies – Complaints Procedures.
The European Committee of Social Rights monitors compliance with the economic, social and cultural rights under two separate procedures:
It is important to note that the impact of decisions of international bodies are limited, since they are not brought into Irish law. This means that although the decisions of these international bodies are binding, there is no way to enforce the decision within Ireland.
The Irish Human Rights and Equality Commission has a mandate set out in law to promote and protect human rights and equality and to work towards the elimination of human rights abuses, discrimination and prohibited conduct.
We have a role to ensure that human rights protections are to the fore in law, policy and practice. We review legislation, public policy and practice and advise the Government of any changes that are required to make sure human rights standards are being met.
To vindicate individual human rights, we may grant legal assistance to individuals seeking to take legal proceedings involving human rights under certain limited circumstances.
However, we can only assist persons with matters which come within our remit, which is outlined in the Irish Human Rights and Equality Commission Act 2014. We are not a court and cannot overturn decisions or award remedies or compensation to people.
The Your Rights information service can provide you with information on your rights and the remedies available to you under equality and human rights law in Ireland.