13 January 2011
Press Statement
IHRC welcomes High Court decision permitting it to appear in cases concerning deportation of parents of Irish children
The Irish Human Rights Commission (IHRC) welcomed the decision of the High Court (Hogan J) today allowing the IHRC to appear before it as an amicus curiae or ‘friend of the court’ to present the human rights issues in four linked deportation cases. The four cases are judicial review applications brought by the Nigerian parents and siblings of Irish citizen children challenging deportation decisions.
The central issue which the IHRC will highlight in these proceedings is the issue of an independent appeals mechanism in relation to deportation orders made by the Minister for Justice and Law Reform and the relevant human rights standards which apply. This is the issue of "effective domestic remedy" as required under Article 13 of the European Convention on Human Rights.
The IHRC will also make submissions highlighting family and children’s rights, including those of Irish citizen children where their parents or siblings are threatened with deportation. Family rights are protected under the European Convention on Human Rights. Children’s rights are specifically protected under the United Nations Convention on the Rights of the Child.
Welcoming the decision of the High Court, the President of the IHRC, Dr Maurice Manning, said "This is the 12th time the IHRC will appear before the Superior Courts as amicus curiae or ‘friend of the court’. The IHRC welcomes the decision of the High Court today to permit it to bring both constitutional and international human rights principles to the attention of the Court in relation to the threatened deportation of the parents, sisters and brothers of Irish children."
Mr Éamonn Mac Aodha, Chief Executive of the IHRC said "The IHRC understands that there are a large number of similar cases pending before the Courts and so this intervention is timely and should be of assistance to the Court in its deliberations."
The full text of the IHRC’s written submissions will be made available on the IHRC’s website www.ihrc.ie in due course.
ENDS/
For further information, please contact:
Fidelma Joyce
Irish Human Rights Commission
Tel: 01 8589601 Mobile: 087 7834939
Notes to Editors
Under section 8(h) of the Human Rights Commission Act 2000, the IHRC may, at the discretion of the High Court or the Supreme Court, appear as amicus curiae in proceedings that involve or are concerned with the human rights of any person.
Section 2 of the Human Rights Commission Act, 2000 defines "human rights" to include those rights conferred on or guaranteed to persons under the Constitution and under any agreement, treaty or convention to which the State is a party.
The IHRC first appeared as amicus curiae before the Supreme Court in April 2005 in the case of Dublin City Council v Fennell which involved issues regarding the interpretation and effect of the European Convention on Human Rights Act. Since then it has been granted liberty to appear before the Supreme Court and High Court in eleven cases. The current proceedings are the twelfth time the IHRC will appear before the High Court.
The IHRC was put on notice of these proceedings pursuant to section 6(1) of the European Convention on Human Rights Act 2003 which requires certain human rights cases to be notified to the Commission.
The IHRC’s Strategic Plan 2007-2011 Promoting and Protecting Human Rights in Ireland addresses highlights the importance of promoting a society that values inclusiveness and diversity through respect for human rights in its Goal 4 including in relation to asylum seekers, refugees, immigrants and migrant workers.
The Constitution sets out the following rights:
Article 40
1. All citizens shall, as human persons, be held equal before the law. This shall not be held to mean that the State shall not in its enactments have due regard to differences of capacity, physical and moral, and of social function.
3. 1° The State guarantees in its laws to respect, and, as far as practicable, by its laws to defend and vindicate the personal rights of the citizen.
2° The State shall, in particular, by its laws protect as best it may from unjust attack and, in the case of injustice done, vindicate the life, person, good name, and property rights of every citizen.
Article 41
1. 1° The State recognises the Family as the natural primary and fundamental unit group of Society, and as a moral institution possessing inalienable and imprescriptible rights, antecedent and superior to all positive law.
2° The State, therefore, guarantees to protect the Family in its constitution and authority, as the necessary basis of social order and as indispensable to the welfare of the Nation and the State.
3. 1° The State pledges itself to guard with special care the institution of Marriage, on which the Family is founded, and to protect it against attack.
The European Convention of Human Rights sets out the following rights:
Article 8 – Right to respect for private and family life
1. Everyone has the right to respect for his private and family life, his home and his correspondence.
2. There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others.
Article 13 – Right to an effective remedy
Everyone whose rights and freedoms as set forth in this Convention are violated shall have an effective remedy before a national authority notwithstanding that the violation has been committed by persons acting in an official capacity.
The Convention on the Rights of the Child sets out a number of rights including the following:
Article 3
1. In all actions concerning children, whether undertaken by public or private social welfare institutions, courts of law, administrative authorities or legislative bodies, the best interests of the child shall be a primary consideration.
2. States Parties undertake to ensure the child such protection and care as is necessary for his or her well-being, taking into account the rights and duties of his or her parents, legal guardians, or other individuals legally responsible for him or her, and, to this end, shall take all appropriate legislative and administrative measures.
3. States Parties shall ensure that the institutions, services and facilities responsible for the care or protection of children shall conform with the standards established by competent authorities, particularly in the areas of safety, health, in the number and suitability of their staff, as well as competent supervision.