Doe & ors v Commissioner of An Garda Siochana & ors (Approved) [2025] IESC 44 (07 November 2025)
The Constitution and the European Convention on Human Rights guarantee the right to have one's correct identity officially recognised and recorded, but do not require the State to issue new or inaccurate birth or marriage certificates in assumed names for participants in the witness protection programme. The absence of a legislative mechanism for such certificates does not violate constitutional rights to identity, life, dignity, or equality. The creation of such a mechanism is a matter for the Oireachtas, not the courts.
- Citation
- [2025] IESC 44
- Parties
- Plaintiff/appellant: Robert Doe; Plaintiff/appellant: Jane Doe; Plaintiff/appellant: Alan Doe (a minor suing by his mother and next friend Jane Doe); Plaintiff/appellant: Brendan Doe (a minor suing by his mother and next friend Jane Doe); Plaintiff/appellant: Ciara Doe (a minor suing by her mother and next friend Jane Doe); Plaintiff/appellant: Darren Doe (a minor suing by his mother and next friend Jane Doe); Defendant/respondent: The Commissioner of An Garda Síochána; Defendant/respondent: The Minister for Justice and Equality; Defendant/respondent: Ireland; Defendant/respondent: The Attorney General
- Jurisdiction
- Ireland
- Judgment Date
- 07 November 2025
- Procedural Posture
- Constitutional and Administrative Law Appeal / Supreme Court Judgment on Appeal From High Court
- Outcome
- Appeal dismissed
- Legal Topics
- Right to Identity, Birth Certificates, Witness Protection, Equality Before the Law, Right to Life, Dignity, European Convention on Human Rights, Civil Registration Act 2004
Case Brief
Summary, issues, holding and outcome
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Parties
Robert Doe
Plaintiff/appellant
Jane Doe
Plaintiff/appellant
Alan Doe (a minor suing by his mother and next friend Jane Doe)
Plaintiff/appellant
Brendan Doe (a minor suing by his mother and next friend Jane Doe)
Plaintiff/appellant
Ciara Doe (a minor suing by her mother and next friend Jane Doe)
Plaintiff/appellant
Darren Doe (a minor suing by his mother and next friend Jane Doe)
Plaintiff/appellant
The Commissioner of An Garda Síochána
Defendant/respondent
The Minister for Justice and Equality
Defendant/respondent
Ireland
Defendant/respondent
The Attorney General
Defendant/respondent
Procedural Posture
Constitutional and Administrative Law Appeal / Supreme Court Judgment on Appeal From High Court
Legal Issues
- 1 Whether the Constitution or the European Convention on Human Rights requires the State to provide new birth and marriage certificates in assumed names to participants in the witness protection programme
- 2 Whether the absence of a legislative mechanism for such certificates violates constitutional rights, including the right to identity, right to life, dignity, and equality before the law
Ratio Decidendi
The Constitution and the European Convention on Human Rights guarantee the right to have one's correct identity officially recognised and recorded, but do not require the State to issue new or inaccurate birth or marriage certificates in assumed names for participants in the witness protection programme. The absence of a legislative mechanism for such certificates does not violate constitutional rights to identity, life, dignity, or equality. The creation of such a mechanism is a matter for the Oireachtas, not the courts.
Court Disposition
Appeal dismissed
Orders
- No declaration of unconstitutionality granted
- No order requiring the State to provide new birth or marriage certificates in assumed names
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