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.
Commission Examines Supreme Court Decision on Constitutional Rights of Non-Citizens
16 Nov 2023
Commission appeared before the Supreme Court as amicus curiae The Irish Human Rights and Equality Commission (‘the Commission’) is examining the decision of the Supreme Court, in a case concerning the extent to which non-citizens may rely on the rights guaranteed by the Constitution when subject to deportation orders. The Commission had been joined to...
HSE Procedure Resulted in “a Clear Breach” of Disabled Child’s Rights, Court Finds
10 Nov 2023
Commission appears as amicus curiae in important case The Irish Human Rights and Equality Commission (‘the Commission’) welcomes the decision delivered by the Court of Appeal today, in an important case involving the HSE’s Standard Operation Procedures (SOPs) for an Assessment of Needs of a child with a disability. The Commission was joined to the...
Human Rights and Equality Commission Welcomes Supreme Court Ruling in Right to a Fair Trial Case
31 Aug 2023
Commission Exercised Amicus Curiae Role in Supreme Court Case The Irish Human Rights and Equality Commission (the “Commission”) welcomes an important Supreme Court judgment in a criminal case on whether the reversal of the burden of proof onto an accused person is permissible on the “balance of probabilities” having regard to the constitutional guarantee of a right...
Commission Welcomes Important Ruling in Anti-Social Behaviour Order Case
26 May 2023
The Irish Human Rights and Equality Commission (‘the Commission’) welcomes the Court of Appeal ruling concerning the making of civil orders restraining anti-social behaviour. In this case, an anti-social behaviour order was made by the District Court against an individual who was later convicted and sentenced to four months imprisonment for breach of that order....
Supreme Court Reaches Judgment in Important Adoption Case
25 May 2023
The Irish Human Rights and Equality Commission (‘the Commission’) notes the Supreme Court’s ruling yesterday in a case involving involuntary adoption and the constitutional rights of the child. The case centred on the adoption of a minor, known as B, who has a learning disability. On 18 and 19 April 2023, the Supreme Court heard...
Supreme Court Surrogacy Ruling Highlights Complex Legal and Policy Issues
12 May 2023
This week the Supreme Court ruled that a child born in the UK via a surrogacy arrangement was not entitled to Irish citizenship based on his non-biological father’s Irish citizenship. The case, in which the Irish Human Rights and Equality Commission (“the Commission”) acted as Amicus Curiae (“friend of the court”), examined the citizenship of...
Commission Appears Before Supreme Court in Important Case Concerning the Admissibility of Evidence in Criminal Proceedings
3 May 2023
The Irish Human Rights and Equality Commission appeared before the Supreme Court on 25 and 26 April as amicus curiae (or ‘friend of the court’) at a hearing that relates to the admissibility of evidence and the right to a fair trial. The cases of The People (at the suit of the DPP) vs Caolan Smyth and...
Submissions of Amicus Curiae in the cases of The People (at the suit of the DPP) vs Caolan Smyth and The People (at the suit of the DPP) vs Gary McAreavey
3 May 2023
The Legal Submissions made by the Irish Human Rights and Equality Commission in the cases of The People (at the suit of the DPP) vs Caolan Smyth and The People (at the suit of the DPP) vs Gary McAreavey
Commission Appears Before Supreme Court in Important Involuntary Adoption Case
21 Apr 2023
The Irish Human Rights and Equality Commission appeared before the Supreme Court on 18 and 19 of April as amicus curiae (or ‘friend of the court’) in a case that relates to involuntary adoption and the constitutional rights of the child. The case centres on the adoption of a minor, known as B, who has an intellectual...
Submissions of Amicus Curiae in the matter of B, a Minor – CFA and A v The Adoption Authority of Ireland, and C and D
20 Apr 2023
The Legal Submissions made by the Irish Human Rights and Equality Commission in the matter of B, a Minor – CFA and A v The Adoption Authority of Ireland, and C and D can be downloaded below
Amicus Curiae submission 2 on The High Court Judicial Review in the matter of Directive 2013/33/EU and the EU Reception Conditions) Regulations 2018
6 Apr 2023
Amicus Curiae submission 1 on The High Court Judicial Review in the matter of Directive 2013/33/EU and the EU Reception Conditions) Regulations 2018
6 Apr 2023
Commission Granted Role in Case on the Admissibility of Evidence in Criminal Proceedings
31 Mar 2023
The Irish Human Rights and Equality Commission has been granted liberty by the Supreme Court to exercise its amicus curiae function (‘friend of the court’) in the joined cases of The People (at the suit of the DPP) vs Caolan Smyth and The People (at the suit of the DPP) vs Gary McAreavey concerning the admissibility...
Commission to assist High Court in cases involving State’s duty to International Protection applicants
27 Mar 2023
The Irish Human Rights and Equality Commission (the ‘Commission’) has been granted leave by the High Court to exercise its amicus curiae (‘friend of the court’) function in two important cases concerning the human rights of two individuals who arrived in the State seeking International Protection. These cases involve two male applicants, who separately sought International...
Submissions of Amicus Curiae in the Case of O. V The Minister for Justice and Equality
20 Mar 2023
The Legal Submissions made by the Irish Human Rights and Equality Commission in the Case of O. V The Minister for Justice and Equality can be downloaded below