IE
(LRC Revised)
Statutory Text (1 Articles)
Number 20 of 2003
EUROPEAN CONVENTION ON HUMAN RIGHTS ACT 2003
REVISED
Updated to 14 October 2020
Changes to legislation
as of 10 July 2026, this Act is up to date with all changes known to be in force.
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.
Interpretation.
2.
Interpretation of laws.
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.
Expenses.
9.
Short title and commencement.
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.
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.
ARRANGEMENT OF SECTIONS
Section
1.
Interpretation.
2.
Interpretation of laws.
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.
Expenses.
9.
Short title and commencement.
Number
20
of
2003