Preamble to the Universal Declaration of Human Rights 1948:
 
'Whereas recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world,
 
Whereas disregard and contempt for human rights have resulted in barbarous acts which have outraged the conscience of mankind, and the advent of a world in which human beings shall enjoy freedom of speech and belief and freedom from fear and want has been proclaimed as the highest aspiration of the common people'
 
Human Rights Law is inextricably linked to the areas of criminal law and related areas. Your right to liberty, to a fair trial, to equality, to work, to travel and your good name are all basic human rights.  The Irish Constitution, in particular in Articles 40 - 44, references many human rights although this document does not explicitly refer to the term 'human rights'. 
 
By virtue of the European Convention on Human Rights Act, 2003 Irish Courts are obliged to interpret Irish laws in a manner that gives effect to our obligations under that Act.
 
The European Convention on Human Rights established the European Court of Human Rights which is located in Strazburg.  Any person who believes their rights under the Convention have been violated by a member state may take a case to the court.
 
It is important to remember that, before you may bring a case to the European Court, you must first have exhausted all domestic remedies.  In Ireland, this means that you must have had your case determined by the Supreme Court which is the final court of appeal in this jurisdiction.
 
If you feel your rights have not been vindicated you should speak to your solicitor immediately.  

Human Rights

© COPYRIGHT 2018 O'SULLIVAN KENNY SOLICITORS 

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