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Un. Personal Rights

Constitutional Law

Case NameDescription
M(A) v Refugee Appeals Tribunal Freedom of individual conscious is an unenumerated personal rights however on the facts the applicants failed to show a well-founded fear of persecution
Kinsella v Governor of Mountjoy Prison State requirement to protect and vindicate the person also protects integrity of human mind and personality Protected prisoners kept for 11 days in padded cell etc.
Ryan Claimed level of fluoride was harmful to her and her children's health
The State v Frawley State had no obligation to treat underlying disorder of prisoner who was self-harming
AG v Damache Extradition refused due to conditions in US 'supermax' prisons
Norris SC held no right to gay se even in private, however the ECtHR held the existence of the legislation was a violation even if it was not enforced in practice
Laskey v UK Not all sad-masochistic acts are protected, even if fully consensual and private, as it deals with actual physical harm
ADT v UK Genuinely private sex between consenting adults can’t be made criminal simply because more than two people take part or are present
L&V v Austria Same age of consent must be applicable to heterosexual and homosexual sex, otherwise it is discrimination on the basis of sexual orientation
Smith & Grady v UK Dismissal from armed forces for homosexuality is a violation
Foy v An t-Árd-Chláraitheoir Post-op transwoman sought legal recognition of her gender
Created by: maevb