Kavanagh v. Governor of Mountjoy Prison and Others

Abstract

Human rights — United Nations Human Rights Committee — Indication of view to respondent State — Whether binding — International Covenant on Civil and Political Rights, 1966 — Effect of indication of views — Defendant convicted before Special Criminal Court — Committee expressing view that defendant’s right under Article 26 of the Covenant to equality before the law and equal protection of the law violated — Effect of views of the Committee — Whether defendant entitled to have conviction quashed — Concept of legitimate expectations — Effect of the Covenant in municipal law

Human rights — Equality before the law — International Covenant on Civil and Political Rights, 1966 — Article 26 — Defendant tried before Special Criminal Court — Whether decision to try defendant before Special Criminal Court based on reasonable and objective grounds — Whether violating right to equal protection before the law

Relationship of international law and municipal law — Treaties — Effect in municipal law — International Covenant on Civil and Political Rights, 1966 — Covenant not incorporated into Irish law — Whether creating effects in Irish law — Doctrine of legitimate expectations — Irish Constitution, Article 29 — Whether conferring rights upon individuals — Views of the Human Rights Committee — Whether legally binding within Irish law — Whether conferring rights enforceable in Irish law — The law of Ireland