Amicus Curiae

The Commission’s legal powers include the power to apply to the High Court, Court of Appeals or the Supreme Court for liberty to appear before the courts as amicus curiae (friend of the court) in proceedings that involve or are concerned with  human rights or equality.

Recent submissions

Here are some of the cases that the Commission has sought liberty of the Superior Courts to intervene as amicus curiae.  These cases relate to important matters of human rights and equality including data privacy remedies, prisoners’ rights, children’s rights, the rights of asylum seekers and non-EU nationals to live/work in Ireland and the bringing of complaints pursuant to the Employment Equality Acts 1998–2015.

PD Amicus Curiae Submissions – High Court

23 Nov 2022

The Irish Human Rights and Equality Commission (‘the Commission’) has argued before the High Court that a State requirement for survivors of historic sexual abuses in schools to have taken legal proceedings against the State before 1 July 2021 – proceedings that, would be doomed to fail — “is indefensible.” The Commission is amicus curiae...

Middlekamp and Minister for Justice

19 Oct 2022

The legal submission made by the Irish Human Rights and Equality Commission to the Supreme Court in its amicus curiae role is available below.  

Commission Notes Supreme Court Decision to Dismiss Case Focused on Access to Care Allowance

4 Jul 2022

The Irish Human Rights and Equality Commission (‘the Commission’) has noted today’s Supreme Court ruling in the case of Donnelly v. Minister for Social Protection & Ireland. Today’s Supreme Court ruling dismissed a challenge, brought under Article 40.1 of the Constitution and Article 14 of the European Convention on Human Rights, to a decision of...

Human Rights and Equality Commission Addresses Citizenship Rights of Surrogate Children in Supreme Court Case

30 Jun 2022

Commission Publishes its Legal Submissions on Unregulated Area of Irish Law 29 June 2022 – The Irish Human Rights and Equality Commission (the ‘Commission’) has appeared before the Supreme Court as amicus curiae (‘friend of the court’) in a significant case relating to surrogacy, citizenship and children’s rights. In its legal arguments to the Supreme Court published...

Commission Granted Role in Family Rights Challenge in Supreme Court

15 Jun 2022

Commission to Appear as Amicus Curiae in Case Where Minister Refused to Vary Canadian Woman’s Visa 15 June 2022 – The Irish Human Rights and Equality Commission (‘the Commission’) has been granted liberty by the Supreme Court to exercise its amicus curiae (‘friend of the court’) function in an important case focused on private and...

UM v Minister for Foreign Affairs – Amicus Curiae – citizenship and children’s rights Supreme Court case

15 Feb 2022

The Commission appeared before the Supreme Court as amicus curiae (‘friend of the court’) on 15 February 2022 in this important citizenship and children’s rights case. The case focuses on ‘UM’ who was born in Ireland and asserted Irish citizenship on the basis of his Afghan father’s residency in the country, as a refugee, prior...

Supreme Court Submissions – Donnelly v. Minister for Social Protection & Ireland

18 Jan 2022

Is it discriminatory that the parents of a child with a severe disability, who needs continual care, be refused access to the Domiciliary Care Allowance (‘DCA’) because of the time the child has spent in hospital? The Supreme Court on 18 January 2022 heard arguments in a significant disability rights case where the Irish Human...

Bernard McDonagh and Helen McDonagh v Clare County Council

17 Dec 2021

The Irish Human Rights and Equality Commission has argued before the Supreme Court as amicus curiae (‘friend of the court’) that Clare County Council failed in its statutory obligations to properly and proportionately assess the rights of a Traveller family before moving to evict them from a site in the county, in the case of Bernard...

Amicus Submissions in Harney and Lee Cases related to Mother and Baby Homes

18 Nov 2021

Amicus Curiae submissions made by the Irish Human Rights and Equality Commission to the High Court in the separate cases of: PHILOMENA LEE v. THE MINISTER FOR CHILDREN, EQUALITY, DISABILITY, INTEGRATION AND YOUTH and MARY HARNEY v. THE MINISTER FOR CHILDREN, EQUALITY, DISABILITY, INTEGRATION AND YOUTH.  

European Court of Human Rights case, Faulkner v Ireland (Application no. 30391/18)

11 Nov 2021

The Commission was recently granted liberty to intervene before the European Court of Human Rights in a case, Faulkner v Ireland,application no. 30391/18, ECtHR (“Faulkner”), and it filed a submission on the 8th February 2021 with the European Court of Human Rights. The Commission also furnished the Court with replying submissions on the 30th April...

Director of Public Prosecutions v. JD.

19 Oct 2021

The submissions filed by the Irish Human Rights and Equality Commission in its function as amicus curiae in the case of Director of Public Prosecutions v. JD. JD Supreme Court Amicus Curiae – Filed Submissions IHREC

Legal Submissions DPP v RK & LM

2 Jul 2021

The Irish Human Rights and Equality Commission (‘the Commission’) exercised its amicus curiae (‘friend of the court’) function in an important case on the rights of accused persons and procedural safeguards required for a fair trial.

Outline submissions in respect of the final orders of the Supreme Court – Ali Charaf Damache v the Minister for Justice and Equality

20 Jan 2021

Outline submissions in respect of the final orders of the Supreme Court in the case of Ali Charaf Damache v the Minister for Justice and Equality. In October 2020, the Court ruled on the high-profile Supreme Court case Ali Charaf Damache v the Minister for Justice and Equality. The case examined the lawfulness of the...

Legal Submission In the Matter of JJ

18 Dec 2020

The Irish Human Rights and Equality Commission (‘the Commission’) exercised its amicus curiae (‘friend of the court’) function in an important case (In the Matter of JJ ) about medical treatment, the rights of the child and the rights of minor wards of court.

Legal Submissions Damache v Minister for Justice and Equality

16 Jun 2020

The Irish Human Rights and Equality Commission appeared remotely before the Supreme Court as amicus curiae (‘friend of the court’) in the case (Ali Charaf Damache v the Minister for Justice and Equality) which focuses on the process under which Irish citizenship can be revoked. Legal Submissions: FinalSubmissions.FILED.7.2.20