In some ways, the Constitution is the most important level of protection for your rights as an Irish citizen. If you feel any of your rights are not being respected under the law, you can take a case to the Irish courts.
What human rights are covered in the ECHR?
The European Convention on Human Rights (ECHR) dates from 1950 and has been signed by the 47 members (including Ireland) of the Council of Europe. This is a different organisation to the European Union. The ECHR was signed after World War II ended. It was designed to stop the kinds of human rights abuses that took place during the two world wars.
It covers a lot of the same rights as the Irish Constitution, including those: to life (Article 2); to privacy (Article 8); to freedom of religion (Article 9); and to freedom of expression/free speech (Article 10).
However, it also covers areas such as: • the right to freedom from torture (Article 3) • the right not to be discriminated against (Article 14).
If you feel your own country is not respecting your human rights under its laws, you can take a case to the European Court of Human Rights. This has the power to direct any country that signed the ECHR to change its laws to better protect human rights.
A famous case taken to the European Court of Human Rights in 1988 by Senator David Norris argued that the Irish law against homosexuality was in violation of his right to privacy. This case ultimately led to homosexual relationships being made legal in Ireland in 1993.
Senator David Norris at the 1990 Dublin Pride parade 20
