Results 1-6 of 6 for echr speaker:David Norris

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Seanad: Inquiry into the Death of Shane O'Farrell: Statements (20 Nov 2019)

David Norris: ...terms of reference, which the Department had proposed in February 2019. I have a list of clear, specific and factual complaints from the family. The Department removed references to Shane and the family's rights under the ECHR to ensure an effective investigation into the unlawful killing. To date, the State has failed in its obligations under the ECHR. It removed consideration of the...

Seanad: An Bille um an gCeathrú Leasú is Tríocha ar an mBunreacht (Comhionannas Pósta) 2015: An Dara Céim - Thirty-fourth Amendment of the Constitution (Marriage Equality) Bill 2015: Second Stage (25 Mar 2015)

David Norris: ...would create a personal right to contract a same-sex marriage in a religious ceremony and that exemptions for religious denominations would be impossible, unconstitutional and in breach of the ECHR, this, again, is nonsense and rubbish. Any attempt to force religious denominations to marry people in church would come up against Article 44.2.5° of the Constitution which provides that:...

Seanad: Gender Recognition Bill 2014: Committee Stage (3 Feb 2015)

David Norris: ...jurisdiction, the respondent State is in breach of its positive obligations under Article 8 of the convention." He made a declaration that the Irish Civil Registration Act was incompatible with the ECHR, the European Convention on Human Rights, because of its failure to provide for recognition of transgender persons in their preferred gender. The EU gender recast directive of 2006...

Seanad: Parental Leave (Amendment) Bill 2004: Second Stage. (2 Feb 2005)

David Norris: ...as other couples at work in relation to being available in emergency situations in respect of their partners. (Congress believes that this request is further supported by the rights given in the ECHR Act 2003). I support Senator O'Toole strongly in requesting that force majeure leave is made available to parents where there is an emergency in school. If a child is in a serious accident or...

Seanad: Immigration Bill 2004: Second Stage. (30 Jan 2004)

David Norris: ...Rights. Compliance with human rights law simply cannot be taken for granted, since it has never been tested. It needs rigorous scrutiny, something the Bill deliberately avoids. For example, the ECHR requires that restrictions on fundamental rights, such as to privacy or correspondence, must be necessary in a democratic society, have a legitimate aim and be proportionate to the aim pursued....

Seanad: European Convention on Human Rights Bill 2001: Committee Stage. (19 Jun 2003)

David Norris: ...the presumption of constitutionality – the presumed intent of parliament. In other words, impugned legislation or acts of certain public bodies will enjoy a presumption of compatibility with the ECHR unless and until a litigant rebuts that presumption. This judicial technique, based on an idealised view of the role of parliament in the legislative process, is often something of a legal...