The Irish Human Rights and Equality Commission (‘the Commission’) has been granted leave by the Supreme Court to exercise its amicus curiae (‘friend of the court’) function, in a case that deals with the constitutionality of section 39 of the Residential Tenancies Act 2004 (“the 2004 Act”) as applied to a child.
The case is brought by ZG and EW (a child who brought the case with the assistance of his aunt). The child lived with their mother as a one-parent family, in an apartment rented from an Approved Housing Body, Clúid Housing.
The child’s mother died suddenly in July 2023. As the child was not yet eighteen years old, they were told that they did not come within the list of eligible people who may inherit a tenancy under the 2004 Act. In September 2023, Clúid Housing sought to end the tenancy and the child has lived with their grandparents ever since.
A High Court case was taken, challenging the constitutionality of section 39 of the 2004 Act on the basis that it discriminated against the child, and it was unsuccessful.
The High Court decided that the difference in treatment between the child – and a person over 18 seeking to inherit a tenancy under section 39 - was lawful. The child and their aunt are appealing this decision of the High Court to the Supreme Court.
Having been joined as amicus curiae in this case, the Commission will assist the Court in its consideration of the High Court’s ruling with reference to the relevant national and international law.
Chief Commissioner Liam Herrick said:
“A secure home for any child is hugely important. This case is not only of immense importance to the applicants, but also to the future interpretation of human rights and equality law, as it applies to children. The Commission has considerable expertise in relation to the human rights of children and the equality rights issues arising in relation to children and is happy to exercise its amicus curiae function in this important case.”