Solicitor for Human Rights Law in Dublin

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Human Rights Law in Ireland: Protecting Fundamental Freedoms and Equality

Introduction to Human Rights Law in Ireland

Human rights law in Ireland plays a crucial role in safeguarding the fundamental rights and freedoms of individuals. It ensures that every person, regardless of their nationality, religion, ethnicity, or background, is protected from discrimination, abuse, and unfair treatment. In Dublin and throughout Ireland, human rights law provides a legal framework to uphold the dignity and equality of all people, while providing legal remedies for those whose rights are violated.

Human rights are enshrined in both national and international law, with Ireland being a signatory to a variety of key human rights treaties and conventions. These include the European Convention on Human Rights (ECHR) and the International Covenant on Civil and Political Rights (ICCPR), among others. The primary purpose of human rights law is to ensure that individuals can live free from oppression and exploitation, with access to justice, freedom of expression, and the right to live in a safe and secure environment.

What Is Human Rights Law?

Human rights law refers to the legal principles, treaties, and national laws that protect individuals’ fundamental rights and freedoms. These laws seek to prevent violations of personal freedoms, discrimination, and abuses of power by state actors or private individuals. Human rights laws also establish mechanisms for individuals to seek justice and redress when their rights have been violated.

Human rights law in Ireland is influenced by both domestic legislation and international treaties. The Irish Constitution (Bunreacht na hÉireann) sets out fundamental rights such as the right to life, personal liberty, and the right to a fair trial. Additionally, Ireland’s membership in the European Union and the Council of Europe ensures that the country complies with international human rights standards.

Key Areas of Human Rights Law in Ireland

  1. Equality and Non-Discrimination

Equality is a cornerstone of human rights law, ensuring that all individuals are treated fairly, regardless of their race, gender, sexual orientation, religion, or disability. In Ireland, the Employment Equality Acts and the Equal Status Acts provide protections against discrimination in the workplace, education, and in the provision of goods and services.

These laws prohibit discrimination on several grounds, including:

  • Gender
  • Age
  • Race
  • Disability
  • Sexual orientation
  • Religion
  • Marital status
  • Family status

Equality laws also extend to areas such as public services, housing, and health care. If someone in Dublin or elsewhere in Ireland feels they have been discriminated against, they can file a complaint with the Irish Human Rights and Equality Commission (IHREC), which investigates such cases and provides legal remedies.

  1. Freedom of Expression and Assembly

Human rights law guarantees the right to freedom of expression, enabling individuals to express their opinions, beliefs, and ideas without fear of censorship or retaliation. This includes the right to protest, speak freely in the media, and participate in political and social discourse.

However, freedom of expression is not absolute, and it can be restricted in certain circumstances, such as to protect national security, public order, or the rights of others. Nonetheless, Irish law ensures that these restrictions are carefully balanced with the need to protect free speech.

The Irish Constitution protects the right to peaceful assembly, allowing individuals to gather and demonstrate for causes they believe in, provided the protest is conducted peacefully and without endangering public safety.

  1. Right to a Fair Trial

One of the most fundamental human rights is the right to a fair trial, which guarantees that individuals accused of crimes are treated justly and have access to a transparent legal process. In Ireland, the Constitution guarantees the right to a fair trial in criminal and civil cases, and this includes the right to be heard before an independent and impartial tribunal.

The right to a fair trial includes:

  • The presumption of innocence until proven guilty
  • The right to legal representation
  • The right to be informed of the charges against you
  • The right to have a trial within a reasonable time frame

In cases where a person’s right to a fair trial is violated, they may seek legal remedies through the Irish courts, the European Court of Human Rights, or other international human rights bodies.

  1. Protection from Torture and Inhumane Treatment

Human rights law explicitly prohibits torture and cruel, inhuman, or degrading treatment or punishment. This right is enshrined in the European Convention on Human Rights (ECHR), to which Ireland is a signatory.

In Ireland, individuals are protected from being subjected to degrading or inhumane treatment by state authorities, employers, or any other entities. This includes protection from:

  • Physical and psychological torture
  • Inhumane prison conditions
  • Arbitrary detention or imprisonment
  • Abuse by law enforcement or military personnel

Victims of human rights abuses in Dublin or anywhere in Ireland can seek justice through national courts, human rights commissions, or by filing complaints to international human rights bodies.

  1. Right to Privacy

The right to privacy is a key aspect of human rights law, ensuring that individuals are protected from arbitrary interference with their private and family life. This includes the right to be free from unlawful surveillance, intrusion into personal matters, and the protection of personal data.

In Ireland, privacy rights are protected under both national law and international human rights instruments, such as the European Convention on Human Rights. The Data Protection Acts also govern how personal data should be collected, stored, and used by organizations, ensuring that individuals’ privacy is maintained.

  1. Right to Education

Human rights law guarantees the right to education, ensuring that all individuals have access to schooling and the opportunity to develop their skills and talents. In Ireland, the Education Act 1998 and the Education (Welfare) Act 2000 provide protections related to education, making schooling available to all children, regardless of their socio-economic background.

The Irish Constitution enshrines the right to education, ensuring that children have access to primary and secondary education. Furthermore, higher education opportunities are available, with measures in place to prevent discrimination in access to education and academic institutions.

  1. Refugee and Asylum Seeker Rights

Ireland has a duty under both international law and human rights law to protect individuals seeking asylum from persecution, war, or violence in their home countries. The International Protection Act 2015 sets out the legal framework for asylum seekers and refugees in Ireland.

Asylum seekers are entitled to certain rights, including:

  • The right to apply for international protection
  • The right to legal assistance
  • The right to live in adequate accommodation while their claim is processed

Refugees and asylum seekers in Ireland can seek assistance from legal professionals who specialize in immigration and human rights law if their rights are threatened or violated during the asylum process.

When Should You Consult a Human Rights Lawyer in Ireland?

  1. If You Are Facing Discrimination

If you believe you have been discriminated against based on your gender, race, disability, or any other protected characteristic in Dublin or elsewhere in Ireland, a human rights lawyer can help you understand your legal options and ensure that your case is pursued in accordance with the law.

  1. If You Have Been Subjected to Unfair Treatment

If you feel your rights to a fair trial, freedom of expression, or protection from inhumane treatment have been violated, a human rights lawyer can help you navigate the legal system and pursue remedies for these violations.

  1. If You Are Facing Legal Obstacles in Immigration or Asylum Cases

Human rights lawyers are essential for individuals seeking asylum or facing immigration challenges. They can guide you through the complex process, protect your rights, and ensure you receive the protection you deserve.

  1. If Your Privacy Has Been Violated

If you have suffered an invasion of privacy or data breach, consulting a human rights lawyer can help you understand your rights and seek legal action to protect your personal information.

Conclusion

Human rights law is a vital safeguard for the fundamental freedoms and dignity of all individuals in Ireland. It ensures that people are treated with fairness, respect, and equality, and provides legal avenues for those whose rights have been violated. If you feel that your rights have been infringed upon in Dublin or any other part of Ireland, consulting with an experienced human rights lawyer is the best way to understand your options and seek justice.

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About Judith

Judith Riordan is a Partner in our Dispute Resolution team. She specialises in insolvency and financial restructuring matters along with all related litigation.

Judith has broad experience advising and protecting the interests of all stakeholders in formal insolvency p...

About Judith

Judith Riordan is a Partner in our Dispute Resolution team. She specialises in insolvency and financial restructuring matters along with all related litigation.

Judith has broad experience advising and protecting the interests of all stakeholders in formal insolvency processes including examinership, liquidation, receivership, SCARP and bankruptcy. She routinely represents insolvency office-holders in court and out of court. She also advises companies and their officers on solvency issues and risks.

In addition to advising troubled businesses, Judith frequently advises secured creditor in formal insolvency processes and informal work-out arrangements.

She has experience advising both domestic and international clients in cross border cases across a range of sectors. Judith also has extensive experience of insolvency related litigation.

jriordan@mhc.ie
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About Robert

Robert is a Partner in our Construction, Infrastructure and Utilities team. Robert specialises in construction legal issues, both contentious and non-contentious.

Robert leads on contentious matters in the commercial court as well as arbitration, conciliation and medi...

About Robert

Robert is a Partner in our Construction, Infrastructure and Utilities team. Robert specialises in construction legal issues, both contentious and non-contentious.

Robert leads on contentious matters in the commercial court as well as arbitration, conciliation and mediation, usually with a construction or public procurement focus.

Robert also advises on infrastructure and life science contracts. Robert provides mid-stream advice on high value construction projects, keeping the focus on successful project delivery and avoiding formal dispute resolution processes.

Robert has worked with the Irish Public Works Contracts since their introduction in 2007, including some of the most significant contracts awarded under that form. Robert also work regularly with FIDIC and RIAI forms of contract, as well as bespoke forms.

rrooney@mhc.ie
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About Áine

Áine Quirke works on our market-leading Privacy and Data Security team and is based in our New York office. She advises some of the world’s leading tech and social media companies on all aspects of GDPR compliance. Her practice focuses on counselling clients on the roll-out of ...

About Áine

Áine Quirke works on our market-leading Privacy and Data Security team and is based in our New York office. She advises some of the world’s leading tech and social media companies on all aspects of GDPR compliance. Her practice focuses on counselling clients on the roll-out of new and emerging technologies and products. She also has particular expertise advising companies on cookies and similar tracking technologies.

Áine advises clients on regulatory investigations and enforcement actions taken by data protection authorities. She also has experience in contentious data protection-related litigation, take down requests and navigating engagements with government agencies, including law enforcement.

She regularly counsels US technology companies on their international expansion plans and privacy structure in Europe.

Áine is also qualified as an attorney-at-law in New York.

aquirke@MHC.ie
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About Shane

Shane is a Health & Prosecutions Partner. He provides strategic advice to State entities in complex regulatory investigations and enforcement proceedings.

Shane advises a number of state agencies in the area of regulatory prosecutions in courts nationwide in diverse ar...

About Shane

Shane is a Health & Prosecutions Partner. He provides strategic advice to State entities in complex regulatory investigations and enforcement proceedings.

Shane advises a number of state agencies in the area of regulatory prosecutions in courts nationwide in diverse areas such as public health, food hygiene, environmental law and energy.

Shane acted in High Court injunctive proceedings initiated as a test case for local authorities and which formed an important part of the Government’s national waste management priorities.

Shane has developed standard criminal prosecution procedures and civil enforcement policies for state bodies. Shane presents training seminars in the area of regulatory investigations.

Shane advises corporates and privates individuals in regulatory and financial crime matters.

sreynolds@mhc.ie
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About Elizabeth

Liz is a Partner in our Debt Recovery team. She has deep and wide-ranging experience in advising on complex commercial disputes. She currently manages a team who recover debt for a large public sector client.

Prior to embarking on her commercial career, Liz advised...

About Elizabeth

Liz is a Partner in our Debt Recovery team. She has deep and wide-ranging experience in advising on complex commercial disputes. She currently manages a team who recover debt for a large public sector client.

Prior to embarking on her commercial career, Liz advised charitable clients appearing before State Inquires. She has also managed large scale bulk litigation on behalf of charitable bodies, as well as commercial entities. Her experience also includes fraud, product liability & professional negligence.

She further specialises in complex enforcement procedures and remedies, such as bankruptcy, fraudulent transfers, and appointment of a receivers by way of equitable execution. She continues to maintain a practice in resolving commercial disputes and pursuing enforcement such as bankruptcy.

equinn@mhc.ie
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About Áine

Áine is a Partner in our Real Estate and Built Environment team. She has broad experience advising corporate clients on all aspects of commercial property transactions to include landlord and tenant law, sales and acquisitions.

Áine acts for corporate clients on the mana...

About Áine

Áine is a Partner in our Real Estate and Built Environment team. She has broad experience advising corporate clients on all aspects of commercial property transactions to include landlord and tenant law, sales and acquisitions.

Áine acts for corporate clients on the management of extensive and high-profile portfolios of Irish Assets from purchase, financing, and development to leasing and ultimate sale.

Áine acts for lenders on the financing of commercial real estate, to include portfolios of mixed-use developments and social housing developments. Áine leads the team that advises a number of State utility providers on all real estate matters including diverse and large volume transactional work.

Áine’s broad experience, commercial insight, and legal expertise, means that she can recognise and cut through potential issues at an early stage in a transaction, and avoid delays with pragmatic and commercial solutions.

aquigley@mhc.ie
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About Kevin

Kevin is head of our Medical Law team. He specialises in healthcare and life sciences law and regulation. As a former practising medical doctor he has particular insight on challenges in the sector.

Kevin advises a number of Ireland’s major hospitals in both public and ...

About Kevin

Kevin is head of our Medical Law team. He specialises in healthcare and life sciences law and regulation. As a former practising medical doctor he has particular insight on challenges in the sector.

Kevin advises a number of Ireland’s major hospitals in both public and private sectors for the Clinical Indemnity Scheme. He also works for multinational laboratories, pharmaceutical and medical device manufacturers.

He has particular expertise in the defence of complex high value clinical negligence cases, advocacy and product liability litigation. Kevin also advises a wide range of clients on regulatory issues including enforcement, product safety and recall.

Kevin is known for his clear, definitive advice to clients which enables them to make confident and informed decisions.

kpower@mhc.ie
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About Maurice

Maurice is Head of our Dispute Resolution team. He specialises in complex commercial disputes and arbitrations and is recognised for his skill in finding commercial solutions to complex matters.

Maurice has experience in a wide range of commercial litigation matters ...

About Maurice

Maurice is Head of our Dispute Resolution team. He specialises in complex commercial disputes and arbitrations and is recognised for his skill in finding commercial solutions to complex matters.

Maurice has experience in a wide range of commercial litigation matters including high value contractual and tortious disputes and shareholders disputes, often with an international component. He has acted in some of the most high-profile matters in the Irish market and is consistently acknowledged for his technical ability and strategic approach.

He routinely advises insolvency office holders and stakeholders in the insolvency process. He also provides strategic advice to companies and their directors in distressed situations on corporate restructuring and insolvency issues.

mphelan@mhc.ie
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About Hannah

Hannah is a Partner in our Privacy and Data Security team.

Hannah advises on all aspects of privacy and technology, from product counsel to cybersecurity, AI, international data transfers and law enforcement. Hannah has a multitude of experience in working with client...

About Hannah

Hannah is a Partner in our Privacy and Data Security team.

Hannah advises on all aspects of privacy and technology, from product counsel to cybersecurity, AI, international data transfers and law enforcement. Hannah has a multitude of experience in working with clients across the tech and IoT space, from traditional blue-chip manufacturers to next-generation AI and crypto businesses.

Hannah is known for providing commercial and pragmatic solutions to complex privacy issues. Hannah acts as lead product counsel for the world’s leading technology companies and specialises in building complex, multi-faceted privacy programmes for fast-growth companies.

From her experience as a commercial contracts lawyer, Hannah also has a reputation as a keen negotiator and is regularly instructed by top tech companies to handle their challenging contracts.

Prior to joining us, Hannah gained much of her experience with a Tier 1 technology practice and from her time in the European Court of Human Rights. Her variety of experience and knowledge means that she brings a unique depth of understanding and exposure to her advice.

hperry@mhc.ie
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About Anthony

Anthony is a Financial Services partner in our Investment Funds team.

He provides advice on a wide of range of UCITS and AIF structures which employ a broad range of investment strategies including passive, smart beta, active, fund of funds, hedge funds, private...

About Anthony

Anthony is a Financial Services partner in our Investment Funds team.

He provides advice on a wide of range of UCITS and AIF structures which employ a broad range of investment strategies including passive, smart beta, active, fund of funds, hedge funds, private equity and private credit.

In addition to advising on collective investment schemes, Anthony regularly engages with the owners of fund service providers on the acquisition and disposal of Irish operations or Irish branches of entities domiciled in other jurisdictions. Anthony also regularly provides guidance on the addition of financing into Irish fund structures.

Anthony is an active member of Irish Funds, the industry association with responsibility for promoting funds based in Ireland. Anthony was previously based in London and New York and regularly travels between and works with clients in those locations.

Anthony has completed secondments in the product teams of two of the World’s largest asset managers and a well-known white label third party management company based in Dublin. Prior to joining the Firm, Anthony worked in the asset management departments of two leading Irish firms in Dublin.

aohanlon@mhc.ie
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Questions and answers about Human Rights Law

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If I receive a fine for something I didn’t do, what steps can I take to contest it legally?

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How Do I Settle Business Disputes in Ireland? 1 Answer

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If I believe a will is unfair or was made under pressure, can I challenge it in Ireland?

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If I’m having a conversation with someone, can I legally record it in Ireland without their consent?

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When should you consult a lawyer? People typically decide to consult a lawyer when they are facing complex difficulties. Professional legal help in Dublin is often sought when a case is already in court or another institution and things are not going as expected. Or even worse, the case has already been lost. Therefore, we advise not to delay seeking help and to solve the problem early on.

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