Main Provisions
Section 2 of the Act requires that, subject to the existing rules of statutory interpretation, the Courts should apply both common law rules and statutory provisions so that they are compatible with the Convention.
Section 3 requires that, subject to any other provisions of domestic law, 'organs of state' must perform their duties in a manner compatible with the convention. Anyone who suffers injury, loss or damage as a result such a body's failure to do this is entitled to damages. Section 1 defines an organ of state as a tribunal or any other body established or any body through which the powers of the State are exercised.
Section 5 of the Act grants to the courts the power to make a declaration that a statutory provision or common law rule is incompatible with the Convention. Such a declaration does not render the law in question invalid, rather the Taoiseach is obliged to bring any such declaration to the attention of both Dáil and Seanad Éireann. A litigant who has been granted a declaration of incompatibility may receive monetary compensation in accordance with the principles of just satisfaction under Article 41 of the Convention, but the award of such compensation is entirely within the discretion of the Government.
The Convention itself is set out in Schedules 1-4 of the Act.
Read more about this topic: European Convention On Human Rights Act 2003
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