The Irish Human Rights and Equality Commission Act 2014 gives us certain legal powers.
These include:
- acting as amicus curiae (friend of the court) and third-party intervener
- developing Codes of Practice
- providing legal advice or assistance in certain cases
- reviewing the practices and policies of organisations to ensure they promote equality
- taking cases in our own name
- conducting inquiries into serious human rights and equality issues
Amicus curiae (friend of the court)
Amicus curiae is a legal Latin term, and it means friend of the court. A friend of the court is an organisation or expert who does not represent any of the parties in a case. Their job is to provide independent advice to the court on their area of expertise. The court can either invite them to take part or they can apply to the court to contribute on a specific case.
We have the power to apply to act as amicus curiae in the:
- High Court
- Court of Appeal or
- Supreme Court
We can only apply in cases that involve or concern human rights or equality.
Legal Assistance
We can, in certain circumstances set down in our legislation, give legal assistance to members of the public who wish to take a case relating to equality or human rights law.
The assistance provided can include practical assistance, legal advice only, or legal advice and representation.
We can grant legal assistance in cases related to:
- The Equal Status Acts 2000-2018
- The Employment Equality Acts 1998 – 2015
- The Intoxicating Liquor Act 2003
- Proceedings relating to the protection and promotion of human rights.
We receive hundreds of applications for support every year, and it is not possible for us to take every case.
It is possible to take a discrimination case to the Workplace Relations Commission (WRC) yourself.
Codes of Practice
Codes of Practice are written legal rules. They explain how people or organizations should act in specific situations.
By law, we can prepare codes of practice around the:
- protection of human rights
- elimination of discrimination
- promotion of equality of opportunity
Equality Reviews
We have the power to ask an organisation to carry out an Equality Review. We also have the power to carry out an Equality Review in relation to an organisation.
Equality Action Plans
We may invite an organisation to develop an Equality Action Plan. We also have the power to prepare an Equality Action Plan for an organisation.
Reviewing legislation and policy
We may review legislation that impacts human rights and equality. If needed, we suggest improvements.
In certain circumstances, we can conduct inquiries into serious human rights and equality issues in Ireland. We decide or we may be asked by the relevant Minister to conduct an inquiry.
We can bring a case to the High Court in our own name on a matter concerning the human rights of a person, or class of persons.
We can also bring discrimination complaints in our own name before the WRC, where it appears that discrimination under the Employment Equality Acts or Equal Status Acts has occurred, and it is not reasonable to expect the person who has been the subject of that discrimination to bring a case.