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 Nina

Nina is a Senior Associate on the Technology and Privacy and Data Security teams. She works on both contentious and non-contentious privacy-related matters.

The contentious practice consists of working on large scale investigations and inquiries by data protection autho...

About Nina

Nina is a Senior Associate on the Technology and Privacy and Data Security teams. She works on both contentious and non-contentious privacy-related matters.

The contentious practice consists of working on large scale investigations and inquiries by data protection authorities (including matters that have been escalated to the European Data Protection Board) and privacy-related litigation. She also works on navigating engagements with government agencies around data disclosure, including law enforcement.

The non-contentious work consists of advising fast-scaling companies and established West Coast internet companies about establishment in the EU and their privacy compliance which usually goes beyond just the GDPR. As part of this, she also handles cross-border data breaches including the notification and post data breach remediation.

Nina also works with clients on compliance with emerging data laws, including the Digital Services Act and AI Act. This includes from understanding whether and how these laws apply to designing effective and efficient compliance measures with minimal impact on business.

ninam@mhc.ie
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About Stephen

Stephen is a Senior Associate in our Financial Regulatory team. He originally qualified and practised as a barrister in Northern Ireland.

Stephen’s work encompasses the wide range of licensing and regulatory issues, which face both domestic and international financial...

About Stephen

Stephen is a Senior Associate in our Financial Regulatory team. He originally qualified and practised as a barrister in Northern Ireland.

Stephen’s work encompasses the wide range of licensing and regulatory issues, which face both domestic and international financial institutions. He works with established credit institutions, insurance undertakings and payment institutions, as well as those looking to operate in Ireland for the first time.

Stephen gained invaluable experience of the Irish regulatory landscape from his time in the Central Bank of Ireland. He has a particular interest in areas such as AML, white collar crime, fitness and probity, risk mitigation programmes and enforcement actions taken by the Central Bank.

smcveigh@mhc.ie
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About Caoimhe

Caoimhe is a Senior Associate in our Real Estate Team.

Caoimhe has experience across a broad range of real estate transactions and advises clients on all aspects of commercial real estate. Caoimhe works with borrowers, lenders and investors on various financing transa...

About Caoimhe

Caoimhe is a Senior Associate in our Real Estate Team.

Caoimhe has experience across a broad range of real estate transactions and advises clients on all aspects of commercial real estate. Caoimhe works with borrowers, lenders and investors on various financing transactions as well as advising clients on sales and acquisitions and the disposal and leasing of commercial and mixed-use real estate assets.

Caoimhe’s commercial insight and practical and problem-solving approach allows her to give straightforward and strategic advice to clients to ensure a positive outcome for our clients.

ccusack@mhc.ie
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About Richard

Richard is a Senior Associate with our Insurance and Risk team. He acts in the defence of employer liability, public liability, product lability, and data protection defence litigation claims. He specialises in acting for insurers or self-insured clients in the defence of cl...

About Richard

Richard is a Senior Associate with our Insurance and Risk team. He acts in the defence of employer liability, public liability, product lability, and data protection defence litigation claims. He specialises in acting for insurers or self-insured clients in the defence of class action type claims. He has extensive experience in acting for clients before the High Court, Court of Appeal and Commercial Court.

Richard has worked on delivering large scale technology assisted discovery projects. He works with clients, and third-party consultants, through each stage of the discovery process from identifying data custodians, to managing review teams.

Prior to joining the insurance and risk team, Richard worked in commercial litigation advising a range of commercial clients and state bodies on contract disputes, trustee disputes, shareholder disputes and partnership disputes.

richardhogan@mhc.ie
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About Aine

Aine is a senior associate on our Employment and Benefits team. Her area of expertise is in Business Immigration.

Her immigration experience covers all immigration and employment applications to include advice sought by both companies and private individuals in relation ...

About Aine

Aine is a senior associate on our Employment and Benefits team. Her area of expertise is in Business Immigration.

Her immigration experience covers all immigration and employment applications to include advice sought by both companies and private individuals in relation to immigration matters.

Aine has extensive knowledge in Business Immigration and regularly advises clients on transferring their non-EEA employees to Ireland and on employing non-EEA nationals in Ireland. She also has extensive knowledge on citizenship applications, visa requirements in Ireland and entry into the State. Aine also advises voluntary organisations and missionaries in relation to transferring non-EEA volunteers to Ireland and securing their permission to stay in the State.

ainewright@mhc.ie
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About Noel

Noel is a Senior Associate in our Privacy and Data Security team.

Noel advises on a broad variety of privacy / data security issues across a number of contexts. The range here includes legal compliance advisory work and more contentious matters such as data protection co...

About Noel

Noel is a Senior Associate in our Privacy and Data Security team.

Noel advises on a broad variety of privacy / data security issues across a number of contexts. The range here includes legal compliance advisory work and more contentious matters such as data protection complaints, regulator investigations and related litigation.

He has assisted clients in successfully developing and maintaining products and services that are compliant with applicable laws and in navigating their way through complex, cross-border regulatory investigations involving multiple regulators.

nkealy@mhc.ie
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About Brian

Brian Cronin is an Associate on our market-leading Privacy and Data Security team.

Brian advises some of the world’s leading technology companies on GDPR and other regulatory compliance matters including advising on the roll-out of emerging and innovative technologies ...

About Brian

Brian Cronin is an Associate on our market-leading Privacy and Data Security team.

Brian advises some of the world’s leading technology companies on GDPR and other regulatory compliance matters including advising on the roll-out of emerging and innovative technologies and products, international data transfers, internal governance issues, privacy structures, cookies and similar tracking technologies, and privacy by design.

He is a proven results-driven and collaborative lawyer with deep technological knowledge of the fields he advises on, meaning that he is able to navigate complex issues at the intersection of technology and the law in a fast-paced environment.

bcronin@mhc.ie
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About Chloe

Chloe Wilkinson is an Associate in our market leading Privacy & Data Security team.

Chloe works with international and domestic leading technology companies on a diverse range of complex issues.

Chloe regularly advises clients on data protection issues arising ...

About Chloe

Chloe Wilkinson is an Associate in our market leading Privacy & Data Security team.

Chloe works with international and domestic leading technology companies on a diverse range of complex issues.

Chloe regularly advises clients on data protection issues arising as a result of the various and continually evolving legislative regimes including the GDPR, e-Privacy Directive and the Digital Services Act. Chloe assists on a diverse range of privacy related matters, including advising organisations on the roll out of their innovative products and ensuring privacy by design is incorporated from the beginning of any innovative design. She also advises clients on data and security breach incidents. In addition, she regularly advises clients on developing and implementing their privacy governance frameworks, as well as data mapping organisations data processing activities and formulating compliance plans.

As well as advisory experience, Chloe also regularly works with clients on contentious data protection matters. She has particular experience in this area, acting for well-known multinational organisations in statutory inquiries commenced by the Irish Data Protection Commissioner, as well as inquiries involving the European Data Protection Board. As a result, Chloe has gained experience dealing with most European regulators on GDPR issues that have resulted in worldwide media coverage and fines of a huge quantum. Chloe also engages with government agencies and non-for profits in law enforcement privacy related matters.

Prior to joining us, Chloe gained experience working in-house in a multinational pharmaceutical company, working on the legal and compliance team. This role and diverse experience means Chloe has a strong understanding of the regulatory challenges companies face and an acute understanding of the pragmatic and commercial advice they need.

cwilkinson@mhc.ie
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About Cathal

Cathal Minihane is a Senior Associate in our Public, Regulatory and Investigations team.

Cathal advises and represents public sector and regulatory bodies on their statutory powers, and in relation to governance, statutory interpretation, judicial review and statutory ...

About Cathal

Cathal Minihane is a Senior Associate in our Public, Regulatory and Investigations team.

Cathal advises and represents public sector and regulatory bodies on their statutory powers, and in relation to governance, statutory interpretation, judicial review and statutory appeals, drafting of legislation, inquiries and investigations, administrative law, fair procedures, and regulation. He also advises those interacting with public sector bodies and regulators on these issues. He has worked as an in-house legal advisor in the public sector as well as an external legal advisor to public bodies.

cminihane@mhc.ie
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About Alex

Alex has been with the firm since 2022.

Prior to this, Alex most recently managed HR and Recruitment for an Engineering firm with 5 offices across Europe. He also ran a Recruitment Agency for over 6 years. From this experience, Alex prides himself on not only finding the...

About Alex

Alex has been with the firm since 2022.

Prior to this, Alex most recently managed HR and Recruitment for an Engineering firm with 5 offices across Europe. He also ran a Recruitment Agency for over 6 years. From this experience, Alex prides himself on not only finding the best fit for the practice areas, but also working with people to identify a career path which most appeals to them.

Should you be interested in a career with us, Alex will always look forward to aligning our career offering, with your career preferences.

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

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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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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Do I Have to Pay Tax on Inheritance in Ireland? 1 Answer

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15.12.2024

If I inherit property or money, am I required to pay inheritance tax in Ireland? How much can I inherit before I need to pay tax?

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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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How Do I Settle Business Disputes in Ireland? 1 Answer

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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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What Are My Rights Regarding Adoption in Ireland? 1 Answer

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

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

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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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