Seanad debates

Wednesday, 18 June 2003

European Convention on Human Rights Bill 2001: Second Stage.

 

Ireland has a system which regards international and domestic law as totally separate. In practice this means that rules embodied in an international instrument, such as the European Convention on Human Rights, cannot be enforced in our courts unless and until it is incorporated into our law by an Act of the Oireachtas. At the moment it is the prerogative of the Government to decide precisely how any incompatible provision of national law or administrative practice may be reconciled with a ruling by the court. This means that if a person wishes to vindicate his or her right under the convention, he or she must first exhaust all possible domestic remedies which may be availed of under national law, before going on to plead his or her case before the Court of Human Rights in Strasbourg. The latter has proved to be costly and inaccessible for most people, a point with which the Minister agrees.

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