The country in brief
Accounts to follow
Submit your account
The country's law, area by area
Marriage, partnership and divorce
Marriage · Partnerships and cohabitation · Same-sex marriage · Religious ceremony · Wedding customs and ceremonies · Matrimonial property and inheritance · Divorce
Children, family and inheritance
Names · Adoption · Assisted reproduction · Childcare · Step-families · Inheritance
Contraception, abortion, sexuality and drugs
Contraception · Abortion · Parents: a teenager’s first relationship · Sexual orientation · Drugs and controlled substances · Alcohol and tobacco
Violence, consent and sexual offences
Consent and age of consent · Domestic violence · Female genital mutilation · Sexual offences committed abroad
Online: privacy, image, data and scams
Data protection · Privacy · Image rights · Speech and online harassment · Copyright · Identity theft · Online shopping · Romance scams
Health: pregnancy, STIs and care
Pregnancy · Periods and period products · Sex therapy · Mental health · Dental care · HIV and AIDS · Hepatitis B · HPV
Fundamental rights
Key points
| Constitution | Articles 40 to 44, plus unenumerated personal rights |
|---|---|
| Strike-down power | Courts can declare a statute unconstitutional and void |
| ECHR Act 2003 | Interpretative obligation; declaration of incompatibility only |
| Commission | Irish Human Rights and Equality Commission, which can assist in cases |
| Equality legislation | Employment Equality Acts and Equal Status Acts, via the WRC |
| Strasbourg | Four months from the final domestic decision |
| Presumption of constitutionality | Statutes are presumed valid until declared otherwise |
| Standing | Generally requires a personal interest, with limited public interest exceptions |
| Commission assistance | IHREC can grant legal assistance in cases raising questions of principle |
Understanding the rules
The Constitution guarantees fundamental rights in Articles 40 to 44, and the courts have recognised further unenumerated personal rights, including privacy and bodily integrity. Unlike the United Kingdom, Irish courts can declare a statute invalid. The European Convention on Human Rights Act 2003 adds an interpretative obligation and a declaration of incompatibility, which does not invalidate the law.
In practice
- Apply to the Commission for legal assistance before issuing proceedings.
Where to go
- Irish Human Rights and Equality Commission.
- Workplace Relations Commission for equality complaints.
- Free Legal Advice Centres.
Worth knowing
Constitutional litigation is expensive and costs can follow the event. The Commission can grant legal assistance in cases of public importance: ask before issuing proceedings. Costs follow the event in Irish constitutional litigation. Commission assistance is often the difference between a case being brought and abandoned.
The general article: Fundamental rights · Compare with another country
Courtship and beauty around the world
Advice
Sources
Whole page
- Family Law (Divorce) Act 1996 (Revised) — Law Reform Commission, 2022
- Domestic Violence Act 2018 (Revised) — Law Reform Commission, 2024
Fundamental rights
- Ireland: Constitution of Ireland 1937, as amended to 2019 — ONU Femmes, 2019
- European Convention on Human Rights Act 2003 (Revised) — Law Reform Commission, 2020
- Irish Human Rights and Equality Commission Act 2014 (Revised) — Law Reform Commission, 2025
- Employment Equality Act 1998 (Revised) — Law Reform Commission, 2025
Official or institutional documents this page relies on, consulted on 12 October 2026. Links open in a new tab.
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