Blog of the International Journal of Constitutional Law

Category: Ireland

  • ECHR: Irish abortion law violates European Convention on Human Rights

    The European Court of Human Rights has just handed down a decision in A, B, and C v. Ireland, in which it holds that Ireland’s strict ban on abortion violates Article 8 of the European Convention on Human Rights (the right to respect for one’s privacy and family life).

  • More on Constitutional Concerns regarding EU Data Retention Directive

    Readers will likely recall that the German Federal Constitutional Court earlier this month held unconstitutional a German law requiring the retention of certain telecommunication data (German decision here, German press reports in English here and here). The law that was invalidated transposed Directive 2006/24/EC, passed largely in response to the Madrid and London bombings, into national law.

  • The Irish SC and Gay Rights

    Last week the Irish Supreme Court handed down a significant decision in relation to the rights of gays and lesbians living in Ireland. In McD v. L [2009[ IESC 81, the Supreme Court held that in a dispute over legal guardianship and access, a male biological parents (and sperm donor) was in principle entitled to statutory rights of access, even though this ran contrary to a prior agreement with a child’s current parents and guardians (lesbian couple) and their wishes.