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Dáil Éireann debate -
Tuesday, 27 May 2003

Vol. 567 No. 5

Written Answers. - Human Rights Abuses.

Finian McGrath

Question:

226 Mr. F. McGrath asked the Minister for Foreign Affairs the Government's position regarding Article 2 of the European Convention on Human Rights; and his views on co-operation with a State that does not uphold the law. [14333/03]

We believe that the European Convention on Human Rights is the cornerstone of international human rights protection in Europe. Article 2, which enshrines each individual's right to life, is a fundamental and essential element of the convention. Each state party to the convention commits itself to upholding Article 2 and there is no derogation permitted from this article, except in respect of deaths resulting from lawful acts of war. Ensuring compliance with the article, and with all the provisions of the European Conven tion on Human Rights, falls to two bodies. The first is the European Court of Human Rights in Strasbourg which issues legally binding judgments on cases taken under the convention. The second is the Council of Europe Committee of Ministers which is charged with supervising the execution of the judgments issued by the court. In practice, this supervisory function is fulfilled by the committee of ministers' deputies at which each state party is represented by their permanent representative.

Ireland fully supports the work of both these bodies and is very active in the work of the Committee of Ministers' Deputies through its resident ambassador at the Council of Europe in Strasbourg. At national level, the Deputy will be aware that the provisions outlined in Article 2 of the European Convention on Human Rights are provided for in Article 40.3.2 of the Constitution which states: "The State shall, in particular, by its laws protect as best it may from unjust attack and, in the case of injustice done, vindicate the life. . . of every citizen."

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