Human Rights Commission Appeals High Court Ruling to Supreme Court

Dublin: The Irish Human Rights and Equality Commission (IHREC) has appealed to the Supreme Court following a High Court decision that overturned an earlier finding that the government had breached international human rights obligations by failing to provide essential supports — including accommodation — to refugees in Ireland. The Supreme Court is expected to consider the appeal shortly.

The government had initially brought the case before the High Court in March last year, seeking to overturn the commission’s determination and to avoid potential legal action against the State. In July, the Court of Appeal reversed the High Court’s ruling, stating that IHREC had not sufficiently demonstrated that the lack of services had negatively impacted individuals’ health.

Following this outcome, IHREC sought leave to appeal to the Supreme Court. A three-judge panel has now granted permission, noting that the appeal meets the constitutional criteria and raises significant legal questions, including those relating to the interpretation of Article 1 of the EU Charter of Fundamental Rights, which affirms the principle of human dignity.

The panel stated that the Supreme Court will consider the matter in light of the broader interests of justice and the national importance of the issues involved. It further acknowledged that both the government and the commission recognise the public significance of the challenges posed by ensuring adequate support for international protection applicants, particularly under the unprecedented pressures faced in recent years.

The panel also noted that Ireland has accepted and applied the obligations arising from Article 1 of the EU Charter, making its interpretation central to the appeal.

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