Legal Proceedings
Power to grant legal assistance to individuals
Under Section 10 of the Human Rights Commission Act 2000, the IHRC can provide assistance for legal proceedings which involve law or practice relating to human rights. It does not matter whether these legal proceedings are already ongoing or merely contemplated. The IHRC can provide (1) legal advice, (2) legal representation and/or (3) such other assistance as is appropriate.
Certain criteria apply, for example, the IHRC may not grant legal assistance if you have legal aid or a solicitor. Further, due to staff and budget constraints, there may be delays before applications for assistance are considered.
Under Section 11 of the Human Rights Commission Act 2000, the IHRC may institute proceedings in its own name to vindicate the human rights of a person or class of persons in the State. In such proceedings, the Commission would seek a declaration that a law or policy is unconstitutional or is contrary to human rights law.
The IHRC will consider using its function under Section 11 in cases which raise broad strategic human rights issues. Unlike the situation under Section 10, Section 11 operates in a particular context where the IHRC brings the litigation and if seeking legal assistance individuals should apply under Section 10.
The IHRC has produced an Information Note and adopted Guidelines on legal assistance applications setting out the criteria in adopts in taking decisions on applications to it.