Report on the Application of the European Convention on Human Rights Act 2003 and the European Charter of Fundamental Rights: Evaluation and Review

Abstract

This project explores the extent that the European Convention on Human Rights (the “Convention”), the European Convention on Human Rights Act 2003 (the “ECHR Act”), and the European Charter of Fundamental Rights (the “Charter”) have been utilised before Irish courts and specified tribunals. This remit of this research report explores rights under these instruments that have been: • Utilised in argument before Irish Superior Courts and specified tribunals, with a clear identification of the areas of law at issue, and the precise right under the ECHR Act, the Convention and the Charter, that has been argued and/or considered; • Relied upon by domestic courts and tribunals in coming to their decisions; • Interpreted in light of Ireland’s constitutional framework.

Keywords: European Convention on Human Rights, ECHR, Irish Courts, instruments, tribunals