Commission to Appear as Amicus Curiae in Supreme Court Case
The Irish Human Rights and Equality Commission (“the Commission”) has today been granted liberty by the Supreme Court to exercise its amicus curiae (‘friend of the court’) function in a case focused on marriage and family rights.
The case (MKFS v. the Minister for Justice and Equality) is expected to clarify whether a marriage contracted under the Civil Registration Act 2014 is valid where the Minister for Justice considers it to have been contracted for the purpose of obtaining EU law entitlements.
In February 2019, the Supreme Court granted leave to appeal an earlier High Court Judgment, on the grounds there is a need to clarify the law on this matter beyond the facts of this particular case.
The Commission’s functions under the Irish Human Rights and Equality Commission Act 2014 include that of applying for liberty to appear as an amicus curiae (friend of the court) before the superior courts in proceedings that involve, or are concerned with, the human rights or equality rights of any person.
The Commission now joins the case as amicus curiae and will present submissions on the relevant domestic and international human rights standards for the assistance of the Supreme Court.
ENDS/
For further information, please contact:
Brian Dawson, IHREC Communications Manager,
01 8589601 / 087 0697095
Follow us on twitter @_IHREC
Editor’s Note
As the Irish Human Rights and Equality Commission is now formally involved in these proceedings, we are precluded from making any further comment as the matters are before the Supreme Court.
Where written submissions are made by the Irish Human Rights and Equality Commission to the superior Courts in amicus curiae cases they will be made available on www.ihrec.ie after the case has been heard.
The amicus curiae function of the Irish Human Rights and Equality Commission.
The Commission’s functions under the Irish Human Rights and Equality Commission Act 2014 include that of applying for liberty to appear as an amicus curiae (friend of the court) before the superior courts in proceedings that involve, or are concerned with, the human rights or equality rights of any person.
Section 10 of the Irish Human Rights and Equality Commission Act sets out the functions of the Commission and Section 10(2)(e) provides that the IHREC shall have a function:
“to apply to the High Court or the Supreme Court for liberty to appear before the High Court or the Supreme Court, as the case may be, as amicus curiae in proceedings before that Court that involve or are concerned with the human rights or equality rights of any person and to appear as such an amicus curiae on foot of such liberty being granted (which liberty each of the said courts is hereby empowered to grant in its absolute discretion).”
Irish Human Rights and Equality Commission
The Irish Human Rights and Equality Commission is an independent public body, appointed by the President and directly accountable to the Oireachtas. The Commission has a statutory remit set out under the Irish Human Rights and Equality Commission Act (2014) to protect and promote human rights and equality in Ireland, and build a culture of respect for human rights, equality and intercultural understanding in the State.
The Irish Human Rights and Equality Commission is Ireland’s national human rights institution and is recognised as such by the United Nations. The Commission is also Ireland’s national equality body for the purpose of a range of EU anti-discrimination measures.