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.

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

Legal Submissions in the Cunningham v Irish Prison Service High Court Case

9 Jun 2020

The Cunningham v. Irish Prison Service High Court case looked at whether the Irish Prison Service (IPS) must provide reasonable accommodation under the Employment Equality Acts to prison officers with disabilities. In its judgment delivered on 9th June 2020 in the Cunningham v. Irish Prison Service (IPS) appeal, the High Court held that the Labour...

MAM and KN v Minister for Justice and Equality

6 Feb 2020

The Irish Human Rights and Equality Commission (‘the Commission’) was granted liberty to appear in this appeal as amicus curiae in accordance with section 10(2)(e) of the Irish Human Rights and Equality Commission Act 2014. The legal submissions presented by the Commission to the Supreme Court, published today, focused on the right to family unity...

Fagan V. Dublin City Council

7 Nov 2019

The Irish Human Rights and Equality Commission was granted liberty to appear in this appeal as amicus curiae on 29 July 2019, in accordance with section 10(2)(e) of the Irish Human Rights and Equality Commission Act 2014.

MKFS v. the Minister for Justice and Equality

22 Oct 2019

The Irish Human Rights and Equality Commission (‘the Commission’) was granted liberty to appear in this appeal as amicus curiae in accordance with section 10(2)(e) of the Irish Human Rights and Equality Commission Act 2014. The case (MKFS v. the Minister for Justice and Equality) has been appealed directly from the High Court to the...

Artur Celmer v. Minister for Justice and Equality

30 Jul 2019

The Irish Human Rights and Equality Commission, in its legal submissions as amicus curiae to the Supreme Court in the case Artur Celmer v. Minister for Justice and Equality, seeks to assist the Court by considering the importance of EU law, in particular the EU Charter of Fundamental Rights, in the context of extradition proceedings...

Human Rights and Equality Commission Appears Before Supreme Court in Ward of Court Case

9 May 2019

Commission Appears as Amicus Curiae in Case The Irish Human Rights and Equality Commission (‘the Commission’) has this week appeared before the Supreme Court as amicus curiae (‘friend of the court’) in a case that explores whether the procedures under which someone can be confined to a hospital or nursing home, and made a ward of court are...

AC and Others vrs Cork University Hospital and Others

9 May 2019

The Irish Human Rights and Equality Commission (‘IHREC’) was granted liberty to appear in these appeals as amicus curiae in accordance with section 10(2)(e) of the Irish Human Rights and Equality Commission Act 2014 by Order dated 17 October 2018. The case is expected to explore the nature and extent of the rights and protections...

Human Rights and Equality Commission Granted Liberty to Appear Before Supreme Court in Right to Fair Trial Case

10 Apr 2019

Commission to Appear as Amicus Curiae in Case The Irish Human Rights and Equality Commission (‘the Commission’) has today been granted liberty from the Supreme Court to exercise its amicus curiae (‘friend of the court’) function in an internationally significant case relating to the European Arrest Warrant system and an individual’s right to a fair trial. The...

Human Rights and Equality Commission Appears Before Supreme Court in Right to Silence Case

4 Apr 2019

Commission Appears as Amicus Curiae The Irish Human Rights and Equality Commission (‘the Commission’) has today appeared before the Supreme Court as amicus curiae (‘friend of the court’) in a significant case that is examining the right to silence when a person is questioned as part of a criminal investigation. The case (Sweeney v. Minister for...

Sweeney v. Minister for Justice, Ireland and the Attorney General

3 Apr 2019

The Irish Human Rights and Equality Commission (‘the Commission’) was granted liberty to appear in this appeal as amicus curiae in accordance with section 10(2)(e) of the Irish Human Rights and Equality Commission Act 2014. The case (Sweeney v. Minister for Justice, Ireland and the Attorney General) has been appealed directly from the High Court...

Judgment on the Right to Family Reunification issued by the Court of Appeal

29 Mar 2019

Commission Exercised Amicus Curiae Role in Case The Irish Human Rights and Equality Commission is examining a judgment delivered today by the Court of Appeal in two joined family reunification cases. The Commission has acted as amicus curiae (friend of the court) in the cases. In its judgment, delivered by Ms. Justice Baker, the Court...

Rights of Persons with Disabilities to Reasonable Workplace Accommodation at Question in Supreme Court Case

14 Mar 2019

Irish Human Rights and Equality Commission Appears Before Supreme Court as Amicus Curiae The Irish Human Rights and Equality Commission (‘the Commission’) has today appeared before the Supreme Court to exercise its amicus curiae (‘friend of the court’) function in a significant case on the rights of persons with disabilities to have reasonable accommodations made in...

Marie Daly v. Nano Nagle School

14 Mar 2019

On the 9th October 2018, the Human Rights and Equality Commission was granted liberty to appear before the Supreme Court as amicus curiae on in the below case. The Commission made three sets of legal submissions to the Supreme Court, listed below:  

ITF v Minister for Justice and Equality Ireland and the Attorney General

4 Mar 2019

By order of Mr Justice Barniville dated 15 October 2018, the Irish Human Rights and Equality Commission(“the Commission”) was given liberty to intervene as amicus curiase in these proceedings. The case centres on the request from the International Transport Worker’s Federation (ITF) for an immediate moratorium on the grant or renewal of work permits under...