Republic of Ireland

Republic of Ireland

Right	Section	Contents
Freedom of Association	History	Freedom of association is conditionally protected “personal liberty” under Article 40, Section 6, Subsection 1.iii of the 1937 Irish Constitution which states that “The right of the citizens to form associations and unions [is a guaranteed liberty]. Laws, however, may be enacted for the regulation and control in the public interest of the exercise of the foregoing right” (constituteproject.org). “Ireland 1937 (Rev. 2019) Constitution.” Constitute. Accessed July 19, 2023. https://www.constituteproject.org/constitution/Ireland_2019.
Freedom of Expression	History	The right to freedom of expression in Ireland was formally asserted in the Irish Free State Constitution of 1922, following its independence from the UK, and later enshrined in the Constitution of Ireland (Bunreacht na hÉireann) in 1937. Article 9 of the 1922 Constitution states, “The freedom of expression of opinion as well as the right to assemble peaceably and without arms, and to form associations or unions is guaranteed for purposes not opposed to public morality…” without discrimination on the basis of political orientation, religion, or class. Article 40.6.1° of the 1937 Constitution also provides, “The State guarantees liberty for the exercise of the following rights, subject to public order and morality: i. The right of the citizens to express freely their convictions and opinions.” References: "Constitution of the Irish Free State (Saorstát Eireann) Act, 1922," Irish Statute Book, accessed June 11, 2024, https://www.irishstatutebook.ie/eli/1922/act/1/enacted/en/print#:~:text=AN%20ACT%20TO%20ENACT%20A,6TH%20DAY%20OF%20DECEMBER%2C%201921 “Constitution of Ireland.”, Irish Statute Book, last updated 2020. Accessed June 7, 2024. https://www.irishstatutebook.ie/eli/cons/en/html#part13
Freedom of Religion	History	Ireland’s first constitution resulted from a bilateral agreement in 1922 with the British Empire that granted Ireland independent sovereignty. Article 8 of the Constitution of the Irish Free State Act states, “Freedom of conscience and the free profession and practice of religion are, subject to public order and morality, guaranteed to every citizen, and no law may be made either directly or indirectly to endow any religion, or prohibit or restrict the free exercise thereof or give any preference, or impose any disability on account of religious belief or religious status, or affect prejudicially the right of any child to attend a school receiving public money without attending the religious instruction at the school, or make any discrimination as respects State aid between schools under the management of different religious denominations, or divert from any religious denomination or any educational institution any of its property except for the purpose of roads, railways, lighting, water or drainage works or other works of public utility, and on payment of compensation.” References: Book (eISB), electronic Irish Statute. n.d. “Electronic Irish Statute Book (EISB).” Www.irishstatutebook.ie. Accessed June 21, 2024. https://www.irishstatutebook.ie/eli/1922/act/1/enacted/en/print#:~:text=AN%20ACT%20TO%20ENACT%20
Freedom of the Press	History	Article 40 of the 1937 Irish Constitution provides Ireland’s first explicit protections for press freedom: “the State shall endeavour to ensure that organs of public opinion, such as the radio, the press, the cinema, while preserving their rightful liberty of expression, including criticism of Government policy, shall not be used to undermine public order or morality or the authority of the State” (Constitute Project, “Ireland's Constitution of 1937 with Amendments through 2012” ).
Privacy Rights	History	Article 40(5) protects the inviolability of the dwelling (Constitute Project, “Ireland 1937 rev. 2017” ). This same protection was afforded in Article 7 of the Constitution of the Irish Free State from 1922 (electronic Irish Statute Book, “Constitution of the Irish Free State (Saorstát Eireann) Act, 1922” ). https://constituteproject.org/constitution/Ireland_ 2019? lang=en https://www.irishstatutebook.ie/eli/ 1922/ act/1/enacted/en/print
Voting Rights and Suffrage	History	Under Article 16, all Irish citizens over the age of 18 have the right to universal elections of the Dáil Éireann. Under Article 12, all Irish citizens who have the right to vote for the Dáil Éireann have the right to vote for the President through Single Transferable Vote elections. (Constitute Project, “Ireland’s Constitution of 1937 with Amendments through 2019” ).