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 Carl

Carl is an Associate in our Tax team. He advises domestic and international clients on the tax aspects of doing business in Ireland.

Carl has experience working with domestic and international clients on cross-border tax structuring. He also advises on the use of holdin...

About Carl

Carl is an Associate in our Tax team. He advises domestic and international clients on the tax aspects of doing business in Ireland.

Carl has experience working with domestic and international clients on cross-border tax structuring. He also advises on the use of holding companies in Ireland, M&A, reorganisations and private equity investment structures.

Carl also has a breadth of experience in financial services, including structured finance transactions, RMBS, CMBS, CLOs and synthetic securitisations, as well as on real estate investment structures. Carl has also advised domestic and international clients in contentious matters before the Tax Appeals Commission.

cgrenville@mhc.ie
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About David

David is an Associate on the Planning & Environment team and also advises clients on health and safety law. David is experienced in acting for clients in contentious and non-contentious matters and regularly advises clients on compliance issues.

dfoy@mhc.ie
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About Aoife

Aoife is an Associate in our Financial Services team, with a particular focus on loan-on loan financing.

Aoife practice covers a wide range of banking and financial services including real estate, corporate and multi-jurisdictional financing transactions. Aoife also has...

About Aoife

Aoife is an Associate in our Financial Services team, with a particular focus on loan-on loan financing.

Aoife practice covers a wide range of banking and financial services including real estate, corporate and multi-jurisdictional financing transactions. Aoife also has experience in loan portfolio disposal and acquisition transactions.

aoifemccarthy@mhc.ie
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About Joanne

Joanne is Of Counsel in our Financial Services sector team. Joanne has extensive regulatory experience gained in three regulators (the Central Bank of Ireland, the European Central Bank and IAASA) and another leading Irish law firm.

Joanne has strong experience advisin...

About Joanne

Joanne is Of Counsel in our Financial Services sector team. Joanne has extensive regulatory experience gained in three regulators (the Central Bank of Ireland, the European Central Bank and IAASA) and another leading Irish law firm.

Joanne has strong experience advising, writing and speaking on all aspects of financial services regulation at European and domestic level. Joanne has a particular focus on ESG and sustainable finance, the individual accountability framework (IAF/SEAR) and Central Bank codes of conduct, operational resilience and outsourcing, fitness and probity, capital requirements and fintech.

jorourke@mhc.ie
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About Andrew

Andrew is a Senior Associate in our Financial Services department and a member of our Debt Capital Markets & Listing and Structured Finance & Securitisations teams.

Andrew has extensive experience in financial services having held positions in top tier law firms and fi...

About Andrew

Andrew is a Senior Associate in our Financial Services department and a member of our Debt Capital Markets & Listing and Structured Finance & Securitisations teams.

Andrew has extensive experience in financial services having held positions in top tier law firms and financial institutions. Andrew’s experience extends across a range of practice areas such as structured finance, debt capital markets, derivatives, investment funds and regulatory advice. Andrew has a particular focus on structured finance advising arrangers, issuers and trustees on all aspects of structured finance transactions.

Andrew is a dual Irish and English law qualified solicitor. Prior to joining Mason Hayes & Curran, Andrew worked as legal counsel with FlexFunds, a US based investment platform provider, advising on all aspects of their range of repackaging programmes.

agill@mhc.ie
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About Daire

Daire is a Senior Associate in our Real Estate Team.

He has experience acting for Irish and international clients across a broad range of real estate transactions and advises clients on all aspects of commercial real estate. Daire specialises in acquisitions and disposa...

About Daire

Daire is a Senior Associate in our Real Estate Team.

He has experience acting for Irish and international clients across a broad range of real estate transactions and advises clients on all aspects of commercial real estate. Daire specialises in acquisitions and disposals, commercial leasing, development projects and the property elements of corporate transactions. Key clients include AIB Bank, McAleer & Rushe, DB Schenker, Elis and NatWest Group/Ulster Bank.

Daire’s technical expertise and clear, practical and solution-driven approach, ensures a positive outcome for our clients.

drussell@mhc.ie
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About Louise

Louise is an Associate in our market leading Privacy and Data Security team.

Louise works with leading global and domestic technology companies on a diverse range of matters.

Louise regularly assists clients on data protection issues arising out of the GDPR, an...

About Louise

Louise is an Associate in our market leading Privacy and Data Security team.

Louise works with leading global and domestic technology companies on a diverse range of matters.

Louise regularly assists clients on data protection issues arising out of the GDPR, and compliance with other laws such as the e-Privacy Directive and the Digital Services Act. This includes advising on the roll-out of innovative technologies and emerging products, as well as assisting with data breach incidents and other GDPR rights-based requests.

Louise also works with clients on statutory investigations and inquiries with the Data Protection Commission and other European regulators. In addition, Louise has experience engaging with government agencies such as law enforcement organisations in privacy related matters.

Prior to joining us, Louise worked as the sole legal case manager in the New York office of an industry leading US law firm. In this role, Louise managed several high-profile, multi-state class action lawsuits in the areas of discrimination and wage and hour violations.

lmulrennan@mhc.ie
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About Ruairí

Ruairí is a Senior Associate in our Commercial department. He advises on Public Procurement, Commercial Contracts, EU Law, and Privacy and Data Security.

Ruairí regularly advises public sector and private clients on procurement law issues across the public and utilitie...

About Ruairí

Ruairí is a Senior Associate in our Commercial department. He advises on Public Procurement, Commercial Contracts, EU Law, and Privacy and Data Security.

Ruairí regularly advises public sector and private clients on procurement law issues across the public and utilities sectors, including on procurement strategy and approach, the development of procurement documentation, contract modifications, debrief requirements and defending or initiating a procurement challenge. Ruairí has particular experience in advising on large projects, including, for example, the National Broadband Plan.

Ruairi also advises both domestic and international clients on a variety of Commercial Contract matters as well as Privacy and Data Security issues.

rmcdermott@mhc.ie
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About Nessa

Nessa is an associate in our Corporate team.

She advises on a range of corporate matters, in particular private mergers & acquisitions, shareholder and joint venture agreements and equity investments.

Nessa is an associate in our Corporate team. She advises on a...

About Nessa

Nessa is an associate in our Corporate team.

She advises on a range of corporate matters, in particular private mergers & acquisitions, shareholder and joint venture agreements and equity investments.

Nessa is an associate in our Corporate team. She advises on a range of corporate matters, in particular private mergers & acquisitions, shareholder and joint venture agreements and equity investments.

Nessa advises a broad range of Irish and international clients across different sectors, and has been particularly active in the energy, healthcare and technology sectors.

nmchugh@mhc.ie
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About Karen

Karen is a Senior Associate in our Employment Law & Benefits team.

Karen advises clients on all aspects of employment and equality law, relating to both contentious and non-contentious matters across a wide range of sectors. Karen provides strategic, concise and relevan...

About Karen

Karen is a Senior Associate in our Employment Law & Benefits team.

Karen advises clients on all aspects of employment and equality law, relating to both contentious and non-contentious matters across a wide range of sectors. Karen provides strategic, concise and relevant advice to a range of clients across all employment law issues including those related to drafting and negotiating contracts of employment, advising on disciplinary and grievance matters and employment termination. Karen advises on all issues which arise in the employee/employer relationship as well as contractor and agency worker considerations.

Karen regularly acts for clients in employment litigation, drafting legal submissions and representing clients before the WRC and Labour Court, and regularly advises on mediation, settlement and exit negotiations. Karen has considerable experience managing redundancy programmes (including complex collective redundancies), business transfers, and on the recruitment/assignment of non-EEA nationals to Ireland.

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

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

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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Can I Claim Benefits If I’m Unemployed in Ireland? 1 Answer

1 Answer
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15.12.2024

I’ve recently lost my job. Am I entitled to any benefits or financial support from the government in Ireland?

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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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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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I was involved in a car accident last week. What should I do if I’ve been injured, and how can I claim compensation?

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I was dismissed from my job, and I feel the decision was unfair. What steps can I take to challenge this in Ireland?

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What Are My Rights Regarding Adoption in Ireland? 1 Answer

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15.12.2024

I am considering adopting a child in Ireland. What are the legal steps, and what rights do I have as an adoptive parent?

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How Do I Settle Business Disputes in Ireland? 1 Answer

1 Answer
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15.12.2024

If my business partner and I are having disagreements, what are my options for resolving a dispute? Should I go to court or is there another way?

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