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 Jan

An experienced and innovative HR leader who has successfully led teams to deliver best practice, value adding services to internal clients. Having led a multi-award winning team over many years, I take professional pleasure in seeing individuals grow and stretch to achieve their...

About Jan

An experienced and innovative HR leader who has successfully led teams to deliver best practice, value adding services to internal clients. Having led a multi-award winning team over many years, I take professional pleasure in seeing individuals grow and stretch to achieve their potential under my stewardship.

As a HR function our role is to deliver effective and fit for purpose services to our internal clients; the business and our people. We also provide insight and advice on market leading people practices and initiatives to support a growing, vibrant business. We partner with leaders to positively manage their people agenda and support staff in proactively managing any individual issues they have. This is to ensure a positive experience for all our staff and to demonstrate that at the firm people matter.

jsmullen@mhc.ie
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About Lauren

Lauren is an associate in our Public, Regulatory and Investigations team. She advises clients in both the public and private sectors, and advises in relation to public law litigation matters, regulatory, information and administrative law. Lauren has a particular interest in ...

About Lauren

Lauren is an associate in our Public, Regulatory and Investigations team. She advises clients in both the public and private sectors, and advises in relation to public law litigation matters, regulatory, information and administrative law. Lauren has a particular interest in advising on legal and ethical issues for public, voluntary and private healthcare providers.

Lauren provides advice to healthcare clients, including private, public and voluntary hospitals on patient confidentiality, data protection, freedom of information (FOI) and legal and ethical issues concerning such as assisted human reproduction.

Lauren advises and represents statutory bodies in judicial reviews and other public law litigation in the High Court.

In addition, Lauren advises public bodies on their statutory powers and duties, fair procedures and on statutory interpretation. Lauren also advises public and private clients on their obligations under lobbying legislation.

lmccausland@mhc.ie
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About Ruth

Ruth is a Senior Associate in our Healthcare and Medical Law team. She practices in the defence of medical malpractice High Court actions with experience in the handling of complex, high value medical negligence claims on behalf of both hospitals and healthcare professionals.Next

About Ruth

Ruth is a Senior Associate in our Healthcare and Medical Law team. She practices in the defence of medical malpractice High Court actions with experience in the handling of complex, high value medical negligence claims on behalf of both hospitals and healthcare professionals.

She acts for several major Irish hospitals on the instructions of the Clinical Indemnity Scheme of the State Claims Agency and acts on behalf of clinical laboratory service providers in cases where the misreporting of cervical slides is alleged.

Clients benefit from her ability to provide clear legal advice, support and practical direction in complex cases.

rbannan@mhc.ie
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About Alison

Alison is a Senior Associate on our market-leading Privacy & Data Security team.

Alison works with leading technology companies on a range of data protection issues including compliance, processing of children’s data, data breaches, data protection impact assessments, ...

About Alison

Alison is a Senior Associate on our market-leading Privacy & Data Security team.

Alison works with leading technology companies on a range of data protection issues including compliance, processing of children’s data, data breaches, data protection impact assessments, subject access requests, law enforcement requests, and international data transfers. She has particular experience acting for multinationals in data protection related litigation and investigations or inquiries by European data protection authorities and the Irish Data Protection Commission. Alison regularly works with clients on developing and implementing privacy governance frameworks and data security oversight projects.

Alison was previously seconded to Facebook and qualified in 2020.

astenson@mhc.ie
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About Audrey

Audrey is a consultant in our Real Estate team. She has extensive experience in all aspects of commercial property and specialises in commercial leasing and acquisitions and disposals across various sectors including healthcare and hotels.

Audrey acts for investors and...

About Audrey

Audrey is a consultant in our Real Estate team. She has extensive experience in all aspects of commercial property and specialises in commercial leasing and acquisitions and disposals across various sectors including healthcare and hotels.

Audrey acts for investors and banks on the acquisition, disposal, financing and leasing of commercial property assets including trading assets.

Audrey has acted for a range of hospitals and investors in the healthcare sector. She also advises statutory bodies and charitable organisations on various aspects of commercial property transactions.

She has specialist knowledge in Landlord and Tenant Law with a focus on office, education and healthcare sectors.

Her legal expertise and commercial insight allow her to give straightforward advice and get transactions and projects completed without delay.

ahannon@mhc.ie
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About Jane

Jane is a Senior Associate in our Real Estate department.

Jane is experienced in all aspects of real estate law, including commercial and residential conveyancing and landlord and tenant law. Jane advises corporate clients, lending institutions, and private individuals ...

About Jane

Jane is a Senior Associate in our Real Estate department.

Jane is experienced in all aspects of real estate law, including commercial and residential conveyancing and landlord and tenant law. Jane advises corporate clients, lending institutions, and private individuals on real estate matters. Jane predominantly advises clients in the area of commercial real estate to include acquisitions, disposals, real estate financing related matters and all aspects of commercial leasing. Jane also practices in the area of energy and renewables and works with clients on a number of renewables related projects.

jlynch@mhc.ie
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About Katie

Katie is a Senior Associate on our Employment & Benefits team. She advises employers and employees on all aspects of employment law and industrial relations, relating to both contentious and non-contentious matters.

Katie regularly advises clients on a range of workplac...

About Katie

Katie is a Senior Associate on our Employment & Benefits team. She advises employers and employees on all aspects of employment law and industrial relations, relating to both contentious and non-contentious matters.

Katie regularly advises clients on a range of workplace issues including recruitment, contracts of employment and workplace policies, redundancies, grievances, workplace investigations, disciplinaries and dismissals. Katie also advises on aspects of commercial transactions including employment due diligence.

Katie represents clients before the Workplace Relations Commission, Labour Court, and the Circuit Court on a range of employment issues including industrial relations, unfair dismissal and employment equality/discrimination claims.

Katie acts for a broad range of domestic and multinational clients.

katiedoyle@mhc.ie
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About Eoghan

Eoghan Ó Móráin is an Associate in our Financial Regulation team. Prior to joining us in 2022, Eoghan worked for four years as a consultant for a big four advisory firm.

Eoghan advises a wide range of firms on issues arising in both contentious and non-contentious fina...

About Eoghan

Eoghan Ó Móráin is an Associate in our Financial Regulation team. Prior to joining us in 2022, Eoghan worked for four years as a consultant for a big four advisory firm.

Eoghan advises a wide range of firms on issues arising in both contentious and non-contentious financial regulation. Eoghan’s clients include firms in diverse sectors, including firms operating in insurance and banking, investment firms and fintechs.

Eoghan has extensive experience advising firms on governance and controls, including drafting and implementing policies and procedures for financial institutions. He regularly provides advice on authorisation and perimeter issues and has advised a number of banks and MiFID firms on CRR interpretation. In the transactional space, Eoghan has advised on the purchase of financial assets in Ireland, as well as advising on the regulatory aspects of M&A transactions involving financial institutions. Throughout his career, Eoghan has advised clients on their response to the Central Bank of Ireland where they undergo the administrative sanctions procedure, managing the process from RMP to eventual remediation of identified issues.

eomorain@mhc.ie
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About Laura

Laura is an associate in our Commercial team. She has experience in advising both domestic and international clients on a variety of contractual matters, data protection / GDPR issues and IP licensing solutions.

Laura's practice includes advising leading global compani...

About Laura

Laura is an associate in our Commercial team. She has experience in advising both domestic and international clients on a variety of contractual matters, data protection / GDPR issues and IP licensing solutions.

Laura's practice includes advising leading global companies on digital advisory issues across a broad range of sectors.

Laura has particular expertise managing large scale technology outsourcing contracts and advising on related matters, such as privacy and digital regulatory issues.

Having qualified in a large international law firm in London, Laura is a dual-qualified solicitor in both Ireland and England and Wales.

lhurley@mhc.ie
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About Caoimhe

Caoimhe is a Senior Associate in our Commercial team.

Prior to joining us, Caoimhe was an Associate in a large international firm in Dublin with specialities in commercial contracts, technology and corporate transactions.

Caoimhe has experience in advisin...

About Caoimhe

Caoimhe is a Senior Associate in our Commercial team.

Prior to joining us, Caoimhe was an Associate in a large international firm in Dublin with specialities in commercial contracts, technology and corporate transactions.

Caoimhe has experience in advising both domestic and international clients, including major technology multinationals, on a variety of contractual and commercial matters.

Caoimhe has particular expertise assisting technology clients with the expansion of their businesses. She assists clients with digital strategies for growth and with a range of related matters, such as digital advisory, consumer law, data protection and other sector specific issues. She has also spent time on secondment with a leading global professional services company in its flagship technology and innovation centre.

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

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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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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If I need to go to family court, am I eligible for legal aid in Ireland, and how do I apply?

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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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Can I Claim Benefits If I’m Unemployed in Ireland? 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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How Do I Settle Business Disputes in Ireland? 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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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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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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An attorney can handle cases in criminal proceedings. The field of activity for a lawyer is more limited compared to that of an attorney. Lawyers primarily specialize in civil cases, such as labor disputes, debt recovery, contract preparation, housing and land disputes, etc. 

 

When should you consult a lawyer?

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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A consultation on legal conduct includes the analysis of situations and recommendations from a lawyer on possible actions. Two types of consultations are defined: legal consultation and written consultation (legal opinion). The type of assistance depends on the situation and the client’s preference.