Sources of rights
The Constitution protects fundamental rights, some expressly stated and others recognised by courts. Legislation also protects rights, including equality law. The European Convention on Human Rights and EU law provide further protections, but their effect in Irish law depends on the relevant rules.
| Term | What it means |
|---|---|
| Constitution | Fundamental rights protected in Irish constitutional law. |
| Equality legislation | Specific protections and complaint routes under statute. |
| European Convention on Human Rights | Convention protections given effect in Irish law through legislation. |
| EU Charter | Applies to member states when implementing EU law. |
Institutions and remedies
Courts interpret and apply the law. The Irish Human Rights and Equality Commission promotes and protects human rights and equality and can provide assistance in certain cases. The Workplace Relations Commission deals with specified equality complaints. Different routes have different conditions and time limits.
Rights in practice
Rights may need to be balanced with other rights or legitimate public interests, subject to law. To assess a claim, identify the right, the decision or action involved, the applicable law and the appropriate remedy. Not every international treaty is directly enforceable in an Irish court.
How rights are used
A person who believes a public decision has breached a right may need to identify the decision-maker, the legal basis and the remedy sought. A court case, an equality complaint and an ombudsman complaint are different procedures; the appropriate route depends on the facts and may have a deadline. Seeking qualified advice can help identify the route.
Different legal frameworks
Constitutional rights, the European Convention on Human Rights and the EU Charter do not operate in exactly the same way. For example, the Charter applies to member states when they are implementing EU law. International treaties may guide policy and interpretation, but Ireland’s legal system does not make every treaty provision directly enforceable simply because the State has ratified it. The precise legal basis matters when deciding which body can hear a complaint and what remedy is available.
Read our guide to the courts for more context.
The Constitution and the courts
The Constitution protects rights including personal liberty, freedom of expression and equality before the law, subject to their particular wording and legal limits. Courts have also recognised rights that are not expressly listed. Constitutional litigation can challenge legislation or the actions of public bodies, but the result depends on the right, facts and applicable law. Some rights are qualified; a restriction may require careful legal justification rather than being automatically valid or invalid.
European and international protections
The European Convention on Human Rights is given effect in Irish law through the European Convention on Human Rights Act 2003, subject to the Constitution and the terms of that Act. The European Court of Human Rights in Strasbourg is distinct from the EU Court of Justice in Luxembourg. The EU Charter applies to EU institutions and to member states when implementing EU law. International treaties also create obligations for the State, although their domestic effect depends on Irish law.
Finding a remedy
A workplace discrimination complaint, for example, may fall under employment equality legislation and the Workplace Relations Commission’s procedures. A complaint about an administrative decision may have a different appeal route. Keep the decision and relevant correspondence, check time limits promptly and identify the law and body involved. The Commission can provide information and, in certain circumstances, legal assistance; it does not decide every individual rights complaint.