Doherty and Doherty v. South Dublin County Council and Others (No 2)

Abstract

Human rights — Discrimination — Equality of treatment for different communities — Rights of Irish travellers under Irish law and European Convention on Human Rights — Housing Acts 1966-2004 — European Convention on Human Rights Act 2003 — Accommodation — Extent of statutory duty to provide caravan accommodation to members of traveller community — Homelessness — Whether housing authority has a statutory duty to provide better equipped caravan — Whether offer of housing accommodation rather than caravan accommodation constituting unequal treatment

Human rights — Right to family life and right to private life — European Convention on Human Rights, 1950, Articles 14 and 8 — Interpretation — Duty of State authorities to take account of traditions and sensitivities of nomadic peoples — Irish travellers — Rights protection — Whether States have an obligation to actively intervene to protect Article 8 rights — Intervention via social and welfare provision — Limited nature of positive obligation to intervene — Limited nature of State resources — Distribution of State resources a matter for political determination — The law of Ireland