Human Rights
Seanad Éireann — 2026-02-19
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Patricia Stephenson (SD), Labour Panel

I ask the Minister of State to outline specifically and to be clear on whether Ireland will advocate for the protection of all elements of Article 3 and Article 8. We cannot pick and choose fundamental rights; they are fundamental. The Minister of State has said the Government is unwavering. There was wavering in December; the joint statement represented wavering. The Minister's comments in his speech in December regarding the need for clarity about inhumane and degrading treatment are concerning. Case law from the ECHR makes it clear that Article 3 is a non-derogable right. The court's case has established an incredibly high threshold for treatment to be considered inhumane and degrading. To amend the threshold via the proposed political declaration threatens the judicial independence of the court and erodes rights protections.
Ireland has wavered. That is why I am asking for confirmation on the exact steps Ireland will take in the run-up to the Moldova declaration. I am not clear if an assessment was made regarding the Good Friday Agreement. I know the Minister of State said the Government upholds it but I am not clear exactly what assessment of risk was taken.
The Minister for justice, when he was asked by my colleague, Deputy Gannon, could not provide any figures for the number of deportations blocked through the ECHR or the European Court of Human Rights. In regard to that migration piece in Article 3 and Article 8, they are fundamental rights and if we chip away at them, we actually do chip away at the whole international system and international law.

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Record URI: https://data.oireachtas.ie/akn/ie/debateRecord/seanad/2026-02-19/debate/main
Retrieved: 2026-08-14T04:54:39+00:00
Sitting date: 2026-02-19