The legal framework
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.
As a member state of the European Union, the Charter of Fundamental Rights applies here whenever the state implements Union law, alongside the national constitution and the European Convention on Human 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 |
In practice
- Exhaust domestic remedies first: no regional or international body will look at a case before that.
- Watch the deadlines — several are counted in months from the final domestic decision.
- Complain to the national human rights institution first: it is free and sometimes enough.
- Keep every decision, letter and acknowledgement: regional bodies will ask for the full record.
- 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.
Official sources and links
- Citizens Information — official plain-language guide to rights and entitlements
- Irish Statute Book — legislation as enacted