Seanad debates

Wednesday, 18 June 2003

European Convention on Human Rights Bill 2001: Second Stage.

 

In that regard, the Constitution Review Group in its 1996 report came out strongly against such a course on the grounds that there is already a high degree of overlap between the Constitution's guarantees in the area of fundamental rights and the provisions of the convention. The group was of the opinion that this form of incorporation could very well lead to a diminution in some individual rights in the Constitution. They also believed that this method of incorporation would not have the effect of filling any gaps in human rights protection, since every substantive right afforded by the convention is either expressly protected by the Constitution, or has been recognised by the courts as an unenumerated right under Article 40.3.1 of the Constitution.

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