Seanad debates

Wednesday, 18 June 2003

European Convention on Human Rights Bill 2001: Second Stage.

 

While the convention is law for the State on the international plain since 1953 – citizens were given right of recourse to the court in Strasbourg since then because Ireland was confident it would be fully compatible with its Constitution – its provisions do not apply with the force of law within this State. That does not mean, however, that the convention is merely an academic source of rights protection. By virtue of the State's acceptance of the right of individual petition, cases can and have been on occasion brought to Strasbourg alleging that the State is in breach of the convention in particular respects. The decision of the court in these matters is binding on the State, but, under our constitutional system, it is the prerogative of the Government to decide precisely how incompatible provisions of national law or administrative practice are to be reconciled with the court's ruling.

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