European Convention on Human Rights Act 2003


Number 20 of 2003


EUROPEAN CONVENTION ON HUMAN RIGHTS ACT 2003

REVISED

Updated to 14 October 2020


This Revised Act is an administrative consolidation of the European Convention on Human Rights Act 2003. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.

All Acts up to and including the Commission of Investigation (Mother and Baby Homes and Certain Related Matters) Records, and Another Matter, Act 2020 (20/2020), enacted 25 October 2020, and all statutory instruments up to and including the Disability, Equality, Human Rights, Integration and Reception (Transfer of Departmental Administration and Ministerial Functions) Order 2020 (S.I. No. 436 of 2020), made 13 October 2020, were considered in the preparation of this Revised Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to

revisedacts@lawreform.ie.


Number 20 of 2003


EUROPEAN CONVENTION ON HUMAN RIGHTS ACT 2003

REVISED

Updated to 14 October 2020


Introduction

This Revised Act presents the text of the Act as it has been amended since enactment, and preserves the format in which it was passed.

Related legislation

European Convention on Human Rights Acts 2003 and 2014 : this Act is one of a group of Acts included in this collective citation, to be construed together as one ( Irish Human Rights and Equality Commission Act 2014 (25/2014), s. 1(2)). The Acts in this group are:

European Convention on Human Rights Act 2003 (20/2003)

Irish Human Rights and Equality Commission Act 2014 (25/2014), Part 5

Annotations

This Revised Act is annotated and includes textual and non-textual amendments, statutory instruments made pursuant to the Act and previous affecting provisions.

An explanation of how to read annotations is available at

www.lawreform.ie/annotations.

Material not updated in this revision

Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked. This information is not represented in this revision but will be reflected in a revision of the amended legislation if one is available.

Where legislation or a fragment of legislation is referred to in annotations, changes to this legislation or fragment may not be reflected in this revision but will be reflected in a revision of the legislation referred to if one is available.

A list of legislative changes to any Act, and to statutory instruments from 1972, may be found linked from the page of the Act or statutory instrument at

www.irishstatutebook.ie.

Acts which affect or previously affected this revision

Irish Human Rights and Equality Commission Act 2014 (25/2014)

Court of Appeal Act 2014 (18/2014)

All Acts up to and including Commission of Investigation (Mother and Baby Homes and Certain Related Matters) Records, and Another Matter, Act 2020 (20/2020), enacted 25 October 2020, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

Disability, Equality, Human Rights, Integration and Reception (Transfer of Departmental Administration and Ministerial Functions) Order 2020 (S.I. No. 436 of 2020)

Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011)

Equality, Integration, Disability and Human Rights (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 139 of 2011)

Equality, Integration, Disability and Human Rights (Transfer of Departmental Administration and Ministerial Functions) Order 2010 (S.I. No. 217 of 2010)

All statutory instruments up to and including Disability, Equality, Human Rights, Integration and Reception (Transfer of Departmental Administration and Ministerial Functions) Order 2020 (S.I. No. 436 of 2020), made 13 October 2020, were considered in the preparation of this revision.


Number 20 of 2003


EUROPEAN CONVENTION ON HUMAN RIGHTS ACT 2003


SCHEDULE 1

Convention for the Protection of Human Rights and Fundamental Freedoms

SCHEDULE 2

Protocol to the Convention for the Protection of Human Rights and Fundamental Freedoms

SCHEDULE 3

Protocol No. 4 to the Convention for the Protection of Human Rights and Fundamental Freedoms securing certain rights and freedoms other than those already included in the convention and in the first protocol thereto

SCHEDULE 4

Protocol No. 6 to the Convention for the Protection of Human Rights and Fundamental Freedoms concerning the Abolition of the Death Penalty

SCHEDULE 5

Protocol No. 7 to the Convention for the Protection of Human Rights and Fundamental Freedoms

SCHEDULE 6

Protocol No. 13 to the Convention for the Protection of Human Rights and Fundamental Freedoms, Concerning the Abolition of the Death Penalty in all Circumstances.


Act Referred to

Human Rights Commission Act 2000

2000, No. 9


Number 20 of 2003


EUROPEAN CONVENTION ON HUMAN RIGHTS ACT 2003


AN ACT TO ENABLE FURTHER EFFECT TO BE GIVEN, SUBJECT TO THE CONSTITUTION, TO CERTAIN PROVISIONS OF THE CONVENTION FOR THE PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS DONE AT ROME ON THE 4th DAY OF NOVEMBER 1950 AND CERTAIN PROTOCOLS THERETO, TO AMEND THE HUMAN RIGHTS COMMISSION ACT 2000 AND TO PROVIDE FOR RELATED MATTERS. [30 th June, 2003]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Annotations:

Modifications (not altering text):

C1

Functions transferred and references construed (14.10.2020) by Disability, Equality, Human Rights, Integration and Reception (Transfer of Departmental Administration and Ministerial Functions) Order 2020 (S.I. No. 436 of 2020), arts. 2, 3(1)(a), (3) and sch. 1, in effect as per art. 1(2), subject to transitional provisions in arts. 4-8.

Note change of name of Department and title of Minister to Department of and Minister for Children, Equality, Disability, Integration and Youth made (15.10.2020) by Children and Youth Affairs (Alteration of Name of Department and Title of Minister) Order 2020 (S.I. No. 437 of 2020), in effect as per art. 1(2).

2. (1) The administration and business in connection with the exercise, performance or execution of any functions transferred by Article 3 are transferred to the Department of Children and Youth Affairs.

(2) References to the Department of Justice and Equality contained in any Act or instrument made under such Act and relating to any administration and business transferred by paragraph (1) of this Article shall, on and after the commencement of this Order, be construed as references to the Department of Children and Youth Affairs.

3. (1) The functions vested in the Minister for Justice and Equality -

(a) by or under the enactments specified in Schedule 1, and

...

are transferred to the Minister for Children and Youth Affairs.

...

(3) References to the Minister for Justice and Equality contained in any Act or instrument made under such Act, and relating to any functions transferred by this Article shall, on and after the commencement of this Order, be construed as references to the Minister for Children and Youth Affairs.

SCHEDULE 1

Article 3(1)(a)

Enactments, functions by or under which are transferred from the Minister for Justice and Equality to the Minister for Children and Youth Affairs

...

European Convention on Human Rights Act 2003 (No. 20 of 2003)

...

C2

Functions transferred (1.11.2014) by Irish Human Rights and Equality Commission Act 2014 (25/2014), s. 44(1), S.I. No. 449 of 2014.

Transfer of functions to Commission

44. (1) All functions that, immediately before the establishment day, were vested in a dissolved body are transferred to the Commission.

...

Editorial Notes:

E1

Previous affecting provision: functions transferred and Department of and Minister for Community, Equality and Gaeltacht Affairs construed (1.04.2011) by Equality, Integration, Disability and Human Rights (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 139 of 2011), arts. 2, 3 and sch., in effect as per art. 1(2), subject to transitional provisions in arts. 4-6; superseded as per C-note above.

E2

Previous affecting provision: functions in relation to Act transferred (1.06.2010) by Equality, Integration, Disability and Human Rights (Transfer of Departmental Administration and Ministerial Functions) Order 2010 (S.I. No. 217 of 2010), arts. 2, 3 and sch., in effect as per art. 1(2), subject to transitional provisions in arts. 4-6; superseded as per E-note above.