Abstract

Due to the lack of any express reference to a right to human dignity in the Irish Constitution, there are many unanswered questions as to the legal basis, scope, limitations and nature of the right to human dignity in Ireland. This chapter explores these legal questions through an analysis of the case law of the superior courts, legislation and relevant academic literature in Ireland. The chapter identifies a right to human dignity as one of the many personal capacity rights protected impliedly by Article 40 of the Irish Constitution and determines that the right is now justiciable before the Irish courts. The right to human dignity has been interpreted in a rather functional manner which means that the right is not absolute but is subject to certain limitations in the interests of the common good, to protect the rights and freedoms of others and, rather uniquely, in certain cases to protect the best interests of the individual. While there are many judicial pronouncements on the right to human dignity, there is no express legislative or constitutional protection which has hindered both its use and development. It is, therefore, concluded that in order to ensure the greatest protection of the right and to assist in the development of other constitutional rights, such as economic, social and cultural rights, the right to human dignity should be expressly protected by the Irish Constitution.