Sinéad Gibney

The case concerns a father who was deemed ineligible for domiciliary care allowance while his severely disabled child was resident in hospital for periods of time that were longer than specified in the legislation providing for the allowance.

The human rights commission has been granted leave to exercise its amicus curiae function in the case, Donnelly v. Minister for Social Protection & Ireland.

The Supreme Court granted permission to the boy and his father to appeal the case as the application of the equality guarantee in social welfare matters is of general public importance, and the issues raised in respect of the particular facts of the case have the potential to affect other persons in similar positions.

The Irish Human Rights and Equality Commission will assist the court with submissions informed by the State’s obligations under European and international law, including the European Convention on Human Rights, European Union law, the UN Convention of the Rights of Persons with Disabilities (UNCRPD) and the Public Sector Equality and Human Rights Duty.

Chief commissioner Sinéad Gibney said: “This case before the Supreme Court considers the right to equality, how this is assessed and applied in practice and the interpretation of rights guaranteed under the Irish and international law.

“The demands placed on carers, the supports available to them and how these are given is of huge practical concern for families in Ireland with children reliant on being cared for and supported by family.”