ECHR ACT

Question 1

Section 3 and 5

Answer 1

3 obligation to comply

5 declaration of incompatibility

Question 2

Pre ECHR act 2003

Answer 2

No international agreement should be part of domestic law

Article 29.6 of constitution

Norris v AG - article 29.6

Question 3

Norris v Ireland

Answer 3

Criminalisation of Homosexuality

Violated article 8 right — to respect private life

Question 4

Section 3 arguments against

Answer 4

Time limit proceedings — must be brought within 1 year

Damages only available - no other remedies like injunctions

Pullen v Dublin CC 2009

S62 of housing act 1962– eviction procedure — held— violation of article 8 ECHR

20000 euros damages

S3– remedy for damages — exclusive remedy

O’Donnell v South Dublin County 2007

Inadequate housing for traveller familty — children had disabilities
Beach of article 8
S3(2) damages awarded

Appeal to sc— declaration of councils breach of statutory duty under housing act

Entitlement to damages

Question 5

Section 3- in favour

Answer 5

—Monetary compensation

—Fills gaps in remedies available to claimant- against authorities of the State

Question 6

Section 5 arguments against

Answer 6

Not binding

Declaring remedy— hence — it does not guarantee entitlements or resolve wrong doings

Damache v minister for justice 2021

Declaration of unconstitutionality — for revocation of naturalisation procedure under 1956 citizenship act

NVH V minister for justice and equality 2017

— concerned — right to work for asylum seekers
— complete ban of asylum seekers — working while awaiting asylum claims

— declared unconstitutional

— sc suspended— effect of judgement for 6 months with a declaration

Question 7

Carmody v minister for justice

Answer 7

—Held— no right to legal representation
—Breach of article 48 of constitution
—No need to consider ECHR compatibility

Question 8

Section 5 -effectiveness— arguments in favour

Answer 8

Helpful for lobbying groups

Lydia Foy case

Transgender woman — 1st legal case in Ireland — for new birth cert and legal representation of her new female gender

Began legal proceedings — represented by flac— due to unfruitful proceedings

13 years later— 2007– declaration of incompatibility of civil registration act 2004– WITH— article 8 ECHR

— declaration —led to Gender recognition act 2015

Donegan v Dublin cc

— eviction of Mr D— s62 housing act 1962— sons alleged drug dealing — homeless

— s62 — constitutional— on separation of powers ground by sc in O’Rourke v Kelly

Declaration of incompatibility— with article 8 ECHR