Human Rights in the Constitution
The Constitution of Ireland, Bunreacht na hÉireann, was adopted in 1937. It predates the birth of both the United Nations and the Council of Europe. It is strongly influenced by traditional liberal ideas, and a communitarian vision of society promoted by the Catholic church in terms of social justice.
The term 'human rights' is not used in the Constitution. However, Articles 40 to 44 of the Constitution provide for 'Fundamental Rights'. The fundamental rights in the Constitution are, in effect, human rights principles by a different name.They include:
Article 40 - Personal rights
- Equality before the law
- Vindicate the life, person, good name and property rights of every citizen
- Liberty
- Express freely convictions and opinions
- Form associations and unions
Includes doctrine of unenumerated rights under Article 40.3.1
The Irish Courts have interpreted this Article as a guarantee of certain rights not laid out in the Constitution, including:
- Right to bodily integrity - Ryan v Attorney General (1965)
- Right to health - Heeney v Dublin Corporation (1998)
- Right to earn a livelihood - Re Article 26 and the Employment Equality Bill 1996 (1997)
Article 41 - Family
- Family as fundamental unit of society
- Institution of marriage
Article 42 - Education
- Family as primary educator
- Provide for free primary education
- State can act as 'guardian of the common good'
Article 43 - Private Property
- Natural right to private ownership of external goods
Article 44 - Religion
- Freedom of conscience and the free profession and practice of religion