High Court rules Irish government's asylum response breaches EU rights charter
Justice Barry O'Donnell says in ruling state's inability to meet basic needs of individuals contravenes Article 1 of EU’s Charter of Fundamental Rights
LONDON
The High Court in Dublin determined Thursday that the government’s handling of asylum seekers failed to meet standards set in the EU Charter of Fundamental Rights, specifically breaching the right to dignity by not providing adequate accommodation.
The ruling comes after the Irish Human Rights and Equality Commission (IHREC) challenged the government's adherence to its obligations for newly arrived International Protection applicants.
Justice Barry O'Donnell delivered the ruling and said the state's inability to meet the basic needs of these individuals, such as proper accommodation, contravenes Article 1 of the Charter of Fundamental Rights of the European Union.
The court, however, refrained from issuing mandatory orders sought by IHREC, despite acknowledging the breach.
O'Donnell acknowledged the government's "strenuous efforts" to rectify the situation, suggesting that there was no evidence to believe that the state would neglect its obligations.
The landmark case, heard for three days in June, marked the first time IHREC had exercised its legal authority to hold the government accountable for providing essential services to asylum seekers.
The commission sought to compel the government to meet its legal duties to ensure the provision of necessities, including food, shelter and hygiene facilities.
