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Un. Personal Rights
Constitutional Law
| Case Name | Description |
|---|---|
| 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
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