Today and tomorrow, in the Court of Appeal, the Irish Human Rights and Equality Commission (‘the Commission’) will defend an appeal by the State against a judgment of the High Court from last August. In that case, the High Court ruled that the State had failed in its duty to provide for the basic needs, including accommodation, of international protection applicants, thereby breaching their right to dignity. The Commission had brought the High Court case in its own name in respect of a class of persons, namely IP applicants who were not offered accommodation when they made their asylum claim having recently arrived in Ireland. The State lodged its appeal to that ruling in November 2024, which is being fully contested by the Commission. When the Commission began its case in December 2023, there were 259 international protection applicants left unaccommodated. As of this week, 3512 are awaiting an offer of accommodation by the State. Liam Herrick, Chief Commissioner of the Commission said, ‘The Commission continues to maintain that people applying for international protection have a right to adequate shelter and basic living conditions under national and EU law. We look forward to defending the High Court’s ruling and to assisting the Court of Appeal in its deliberation of these issues’ END/
Editor Notes
Access the full judgment. For further information, please contact: Sarah Clarkin, IHREC Communications Manager, 01 852 9641 / 087 468 7760 sarah.clarkin@ihrec.ie Follow us on X @_IHREC The Commission’s engagement on the rights of International Protection Applicants Since January 2023, the Commission has consistently raised its concern regarding the issue of the lack of provision for the basic needs for International Protection Applicants. It has sought to address this through various mechanisms, including writing to the Minister on a number of occasions, as well as several public statements setting out its concerns.
- In January 2023, the Commission wrote to the Minister for Children, Equality, Disability, Integration and Youth, Roderic O’Gorman TD, to express its view that Ireland is in clear breach of its international obligations regarding newly arrived applicants for International Protection
- In March 2023, the Commission appeared before the High Court as amicus curiae (‘friend of the court’) in two important cases concerning the human rights of individuals who arrived in the State seeking International Protection
- In April 2023, the Commission welcomed the outcome of that case, which saw Mr Justice Meenan issue Declarations stating that the Minister’s failure to provide International Protection applicants with material reception conditions was unlawful, and that amounted to a breach of the applicant’s right to dignity under the Charter of Fundamental Rights
- At the beginning of December 2023, the Commission wrote again to Minister O’Gorman to highlight its deep concern at early reports of a shortfall in emergency accommodation for applicants for International Protection.
- On 21 December 2023, the Commission was granted leave by the High Court, brought in its own name, seeking to address the State’s failure to provide for the basic needs, including shelter, of people who had recently arrived in Ireland and were seeking asylum
- On 29 May 2024, the Commission released a statement on the first day of the high court proceedings in this case.
- On 01 August 2024, the High Court ruled that the State had failed in its duty to provide for basic needs of international protection applicants, breaching their right to dignity.
- On 19 November 2024, the Commission received formal notice that the State had lodged an appeal to the High Court ruling delivered in August.
The Power of the Commission to Initiate Proceedings The Commission’s function under section 10(1) of the 2014 Act include
- to protect and promote human rights and equality
- to encourage the development of a culture of respect for human rights, equality and intercultural understanding in the State,
- to promote understanding and awareness of the importance of human rights and equality in the State,
- to encourage good practice in intercultural relations, to promote tolerance and acceptance of diversity in the State and respect for the freedom and dignity of each person, and
- to work towards the elimination of human rights abuses, discrimination and prohibited conduct.
In furtherance of these functions, the Commission has the power “where is sees fit, to institute proceedings under section 41 or section 19 of the Act of 2003, as may be appropriate.” Section 41 of the 2014 Act provides:
- The Commission may institute proceedings in any court of competent jurisdiction for the purpose of obtaining relief of a declaratory or other nature in respect of any matter concerning the human rights of any person or class of persons.
- The declaratory relief the Commission may seek to obtain in such proceedings includes relief by way of a declaration that an enactment or a provision thereof is invalid having regard to the provisions of the Constitution or was not continued in force by Article 50 of the Constitution.
The 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