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
ARRANGEMENT OF SECTIONS
Section
1.
2.
3.
Performance of certain functions in a manner compatible with Convention provisions.
3A.
Enforceable right to compensation only to extent required by Article 5(5) of Convention.
4.
Interpretation of Convention provisions.
5.
Declaration of incompatibility.
6.
Notice of proceedings under Act.
7.
Amendment of Human Rights Commission Act 2000.
8.
9.
Convention for the Protection of Human Rights and Fundamental Freedoms
Protocol to the Convention for the Protection of Human Rights and Fundamental Freedoms
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
Protocol No. 6 to the Convention for the Protection of Human Rights and Fundamental Freedoms concerning the Abolition of the Death Penalty
Protocol No. 7 to the Convention for the Protection of Human Rights and Fundamental Freedoms
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.
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. [30th 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.