The European Convention of Human Rights Act 2003
is an act of the Oireachtas
(Irish parliament) which incorporated the European Convention on Human Rights
into Irish law. The Act is an example of an interpretive incorporation of the Convention similar to the UK's Human Rights Act 1998
. Thus the organs of state to whom the Act addressed must adhere to the provisions of the Convention unless they are precluded from doing so by domestic law.
Section 2 of the Act requires that, subject to the existing rules of statutory interpretation
, the Courts should apply both common law rules
and statutory provisions so that they are compatible with the Convention.
Section 3 requires that, subject to any other provisions of domestic law, 'organs of state' must perform their duties in a manner compatible with the convention. Anyone who suffers injury, loss or damage as a result such a body's failure to do this is entitled to damages.
Section 5 of the Act grants to the courts the power to make a declaration that a statutory provision or common law rule is incompatible with the Convention. Such a declaration does not render the law in question invalid, rather the Taoiseach
is obliged to bring any such declaration to the attention of both Dáil
and Seanad Éireann
. A... Read More