Solicitor for Human Rights Law in Dublin

Lawyer for Human Rights Law in Dublin Found 10516

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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 Domhnall

Domhnall is a partner in our Dispute Resolution team, specialising in commercial disputes. He advises on all aspects of commercial litigation and dispute resolution.

Domhnall has extensive experience advising on multi-party litigation in the Commercial List of the Hi...

About Domhnall

Domhnall is a partner in our Dispute Resolution team, specialising in commercial disputes. He advises on all aspects of commercial litigation and dispute resolution.

Domhnall has extensive experience advising on multi-party litigation in the Commercial List of the High Court, as well as appeals to the Court of Appeal and the Supreme Court. He has also advised on litigation involving preliminary references to the Court of Justice of the European Union.

Domhnall advises clients on commercial disputes across a range of sectors, including technology, aviation, financial services, retail, and pharma & medical devices. He has experience in IP disputes, regulatory investigations and disputes, judicial reviews and product liability claims.

Domhnall also advises on alternative dispute resolution processes, including arbitration and mediation.

dbreatnach@mhc.ie
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About Kim

Kim is a Partner on our Employment Law & Benefits team, specialising in Business Immigration. Her diverse immigration practice covers the full range of corporate and private immigration matters, including employment permit applications and all other Irish immigration permissions...

About Kim

Kim is a Partner on our Employment Law & Benefits team, specialising in Business Immigration. Her diverse immigration practice covers the full range of corporate and private immigration matters, including employment permit applications and all other Irish immigration permissions sought by non-EEA nationals and their families in Ireland.

This includes citizenship applications, long-term residency rights, and visa applications. Other services include residency registration, EU treaty rights, and family reunification.

Kim’s works closely with many multi-national and start-up companies as well as private individuals to ensure mobility is seamless and immigration requirements are adhered to.

Kim also advises on employers’ compliance with Irish Immigration legislation and preparing for audits by the Workplace Relations Commission.

kbowen@mhc.ie
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About Liam

Liam is a Knowledge Lawyer within our Corporate team. His current focus is on the internal development of our corporate team by leveraging his extensive experience to enhance our firm's capabilities.

Previously, Liam was a long standing corporate partner with the firm wh...

About Liam

Liam is a Knowledge Lawyer within our Corporate team. His current focus is on the internal development of our corporate team by leveraging his extensive experience to enhance our firm's capabilities.

Previously, Liam was a long standing corporate partner with the firm who advised clients on their corporate business affairs. His depth of expertise and strategic insights have been instrumental in guiding our clients towards practical and commercial solutions.

Liam provides professional support, training and mentoring to newly qualified lawyers and trainees. His role supports the team’s efficiency and effectiveness in client service and engagement, and also includes maintaining and developing Corporate’s precedent bank.

lbrazil@mhc.ie
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About Declan

Declan is a Partner in our Dispute Resolution team. He served as the firm’s Managing Partner from 2013 to 2022. He specialises in complex business disputes with significant reputational and financial consequences and in the management of solvency issues. Declan is renowned in...

About Declan

Declan is a Partner in our Dispute Resolution team. He served as the firm’s Managing Partner from 2013 to 2022. He specialises in complex business disputes with significant reputational and financial consequences and in the management of solvency issues. Declan is renowned in the market for his strategic and commercial approach. He is also a practising CEDR accredited mediator.

Declan advises on all types of business disputes including transactional warranty claims, shareholders’ disputes, and negligence claims for or against a range of professionals including insurance brokers, lawyers, accountants and investment advisors. Declan has also acted in property related disputes and fraud-related litigation. His cases tend to be high value matters commonly with an international component. Domestically, he has represented Tribunals of Inquiry established by the State in proceedings taken against the Tribunals by persons affected by their actions.

Declan also represents stakeholders in corporate insolvency matters and advises boards and individual officers regarding the management of insolvency risks.

Declan is also a director of Rethink Ireland, a national charity which supports the most innovative non-profit organisations working in communities across the country through financial grants and non-financial assistance, a director of The Ark, a cultural centre for children and is a council member of the Irish Management Institute.

dblack@mhc.ie
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About Ron

Ron is a Partner on our Corporate team and Head of our London Office.

Ron supports Irish and international clients in navigating complex issues in cross-border M&A, private equity, and venture capital transactions, across a broad range of industries. Clients know him for ...

About Ron

Ron is a Partner on our Corporate team and Head of our London Office.

Ron supports Irish and international clients in navigating complex issues in cross-border M&A, private equity, and venture capital transactions, across a broad range of industries. Clients know him for his pragmatic style and insightful and commercially-focused advice.

Prior to joining the firm in 2020, Ron worked in the Private Equity teams at two leading US firms in London.

rboucher@mhc.ie
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About Julie

Julie is a Partner in our market leading Privacy and Data Security team. She advises domestic and international clients on a range of data protection issues.

Julie has particular expertise working with clients on crisis management mandates including advising on high pro...

About Julie

Julie is a Partner in our market leading Privacy and Data Security team. She advises domestic and international clients on a range of data protection issues.

Julie has particular expertise working with clients on crisis management mandates including advising on high profile global security incidents. Her work includes advising on strategic issues, compliance with reporting requirements and risk management.

Julie also has significant regulatory law experience having advised numerous organisations on Data Protection Commission investigations and inquiries. She is recognised for the combination of her substantive privacy experience along with her understanding of Irish procedural law.

Working closely with in-house counsel, she also advises international clients on global privacy projects.

jaustin@MHC.ie
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About Paul

Paul is a Consulting Partner in our Construction team. He specialises in non-contentious construction and real estate development.

Areas of focus for Paul are commercial and residential development, particularly PRS and social housing transactions. Paul’s commercial real...

About Paul

Paul is a Consulting Partner in our Construction team. He specialises in non-contentious construction and real estate development.

Areas of focus for Paul are commercial and residential development, particularly PRS and social housing transactions. Paul’s commercial real estate expertise include city centre office developments as well as logistics parks and data centres in brown and green field sites. Another core part of Paul’s practice is advising on civil infrastructure projects where he acts for developers, contractors and utilities.

Paul assists clients in identifying critical risks to their projects, ensuring that risk is managed early and proposing practical solutions. Paul has been able to draw on his experience to create innovative solutions for clients when procuring, funding or investing in assets whether completed or at the development phase, including through traditional procurement structures or through the increasingly common use of forward sale and forward fund procurement strategies.

pbassett@mhc.ie
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About Catherine

Catherine leads our Public, Regulatory & Investigations team. She is recognised as a “Leading Individual” in Public Sector law by Legal 500. Clients describe her as “outstanding” and “committed to progressing the goals of the organisation”.

Catherine is a trusted ad...

About Catherine

Catherine leads our Public, Regulatory & Investigations team. She is recognised as a “Leading Individual” in Public Sector law by Legal 500. Clients describe her as “outstanding” and “committed to progressing the goals of the organisation”.

Catherine is a trusted adviser to many regulators and other public sector bodies regarding how they carry out their public law functions. Catherine has deep familiarity with the requirements of public and administrative law and how these impact on the work of public bodies. She is particularly well-known for her work in the areas of statutory interpretation, investigations, and fair procedures. She is a specialist in judicial review proceedings and other forms of public law litigation.

She also heads our Professional Regulatory group, managing some of the team’s most complex and difficult investigations and inquiries.

Catherine particularly enjoys advising on the complexities of information law as it relates to public and third sector bodies, including freedom of information and data protection.

callen@mhc.ie
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About Philip

Philip is our Chair of the firm. In addition he is the Head of our Technology and Privacy and Data Security teams. His market leading international practice supports some of the world’s most successful tech companies. Philip solves complex global data problems for major techn...

About Philip

Philip is our Chair of the firm. In addition he is the Head of our Technology and Privacy and Data Security teams. His market leading international practice supports some of the world’s most successful tech companies. Philip solves complex global data problems for major technology multinationals.

Philip manages some of the market’s most sophisticated lawyers across a range of areas from EU data regulation to complex regulatory investigations and litigation in the technology sector. He has also advised on some of the most high-profile global data breaches and on some of Europe’s most high profile cross-border privacy investigations.

A feature of his practice is helping fast-growing companies to rapidly scale out of Ireland by balancing the often competing issues of protection and monetisation of data. He is recognised as pre-eminent and trusted advisor for clients with complex issues in the technology sector.

pnolan@mhc.ie
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About William

William is the firm’s current Managing Partner. He represents financial institutions and corporate borrowers on a range of lending transactions.

He advises financial institutions on both the execution of their customer transactions and also providing strategic advice ...

About William

William is the firm’s current Managing Partner. He represents financial institutions and corporate borrowers on a range of lending transactions.

He advises financial institutions on both the execution of their customer transactions and also providing strategic advice on their own business requirements. Relying on his in-depth knowledge of the loan market and financial services industry in Ireland, he advises clients on their approach to specific risk and strategy considerations. William acts as trusted advisor on complex debt restructurings and the analysis of finance and investment decisions.

Project finance is an area of deep expertise, particularly for renewable energy projects and multi-jurisdictional finance transactions. William is recognised as a renowned expert in the market, who is both technically and commercially informed.

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

What Are My Rights in a Divorce in Ireland? 1 Answer

1 Answer
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15.12.2024

What rights do I have regarding property and custody during a divorce in Ireland? How do Irish courts decide on child custody and asset distribution?

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How Do I Challenge a Will in Ireland? 1 Answer

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15.12.2024

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

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How Can I File a Personal Injury Claim in Ireland? 1 Answer

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15.12.2024

If I am injured in an accident, how do I file a personal injury claim in Ireland, and what should I expect during the process?

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What Should I Do If I Am Arrested in Ireland? 1 Answer

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15.12.2024

What are my rights if I’m arrested by the Gardaí? Can I refuse to answer questions, and do I need a solicitor immediately?

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How Do I Contest a Fine in Ireland? 1 Answer

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15.12.2024

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

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If I suffer an injury while at work, can I claim compensation? How do I go about it, and what are my rights?

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What Are the Rules for Driving in Ireland? 1 Answer

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15.12.2024

Are there any important rules I should know about driving in Ireland, especially regarding alcohol limits and road safety?

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Can I Legally Record a Conversation in Ireland? 1 Answer

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15.12.2024

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

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