Habte v Minister for Justice and Equality & Ors [2020] IECA 22 (05 February 2020)

Habte v Minister for Justice and Equality & Ors [2020] IECA 22 (05 February 2020)

The right to have one's identity, including date of birth, accurately recognised and recorded by the State is so fundamental it must be recognised as an unenumerated constitutional right, protected under Article 40.3 of the Constitution and Article 8 ECHR. The Minister's obligation to record such details applies to all citizens, regardless of birthplace. The High Court's declaration vindicated constitutionally protected rights and did not breach separation of powers.

Citation
[2020] IECA 22
Parties
Applicant/respondent/appellant: Mahelet Getye Habte; Respondent/appellant: Minister for Justice and Equality; Respondent: Ireland; Respondent: Attorney General
Jurisdiction
Ireland
Judgment Date
05 February 2020
Procedural Posture
Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
Unenumerated Constitutional Rights, Personal Identity, Birth Registration, Data Rectification, Separation of Powers
Constitutional Law Human Rights Data Protection Unenumerated Constitutional Rights Personal Identity Birth Registration Data Rectification Separation of Powers

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 23 Party arguments 2
Sign in to unlock

Parties

Mahelet Getye Habte

Applicant/respondent/appellant

Minister for Justice and Equality

Respondent/appellant

Ireland

Respondent

Attorney General

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Existence of an unenumerated constitutional right to have one's identity recognised by the State
  2. 2 Implied right to a correct record of a person's age
  3. 3 Minister's obligation to record personal identity details accurately for citizens not born in Ireland

Ratio Decidendi

The right to have one's identity, including date of birth, accurately recognised and recorded by the State is so fundamental it must be recognised as an unenumerated constitutional right, protected under Article 40.3 of the Constitution and Article 8 ECHR. The Minister's obligation to record such details applies to all citizens, regardless of birthplace. The High Court's declaration vindicated constitutionally protected rights and did not breach separation of powers.

Court Disposition

appeal dismissed

Orders

  • Minister to consider, in light of any committee of inquiry report, whether applicant's certificate of naturalisation should be amended to reflect correct date of birth