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Human rights commission intervened as amicus in five cases in 2016

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Chief Commissioner Emily Logan
Chief Commissioner Emily Logan

The Irish Human Rights and Equality Commission appeared as an amicus curiae before five cases in the superior courts last year, according to the commission’s annual report.

Chief Commissioner Emily Logan, launching the annual report at the commission’s offices, said 2016 was “a year in which forms of hate and intolerance took centre stage globally”.

Ms Logan said Ireland needs to continue to demonstrate that “we are a country that chooses respect for human rights and equality of treatment over hate and intolerance”.

The amicus cases focus on human rights and equality issues, with cases including:

  • The constitutional right of people in direct provision to seek employment (NHV Case) which saw a landmark Supreme Court ruling in June this year clarifying the right of individuals to seek employment, “possibly the most important judgment of the Supreme Court on the entitlement of non-citizens to rely on the fundamental rights guaranteed under the Constitution”.

  • The protection of children’s rights in detention, focused particularly on allegations of solitary confinement of 4 children. (Oberstown Children’s Detention Centre Case)

  • Clarifying the protections provided under Irish and EU law for digital privacy rights of individuals (Digital Rights Ireland Case)

  • The protection of family and private life, in 2 cases of families from Mauritius seeking permission to remain in Ireland, having built lives and relationships here. (Luximon & Balchand Cases)

    • 30 live legal cases related to discrimination, involving the Commission at the end of 2016 - 9 related to the Equal Status Acts, 11 related to the Employment Equality Acts and 10 related to human rights.

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