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O’Donnell (a minor suing by her mother and next friend Bridget O’Donnell) and Others v. South Dublin County Council
Published online by Cambridge University Press: 01 January 2021
Abstract
Human rights — Inhuman or degrading treatment — Right to respect for family and private life — European Convention on Human Rights, 1950, Articles 3 and 8 — Interpretation and application — Whether States have an obligation to intervene actively to protect Article 8 rights — Limited nature of positive obligation to intervene — Limited nature of State resources — Statutory protection of Convention rights — No breach of statutory duty — Gap in legislative protection — Liability of State authorities under Convention where no breach of statutory duty — Duty of State authorities to act in manner compatible with Convention
Human rights — Protection of rights — Right to respect for family and private life — European Convention on Human Rights, 1950, Article 8 — Duty of State authorities to take account of traditions and sensitivities of nomadic peoples — Irish travellers — Accommodation — Provision of accommodation for Irish travellers by local housing authority — Extent of duty to provide caravan accommodation — Living conditions and circumstances — Plaintiffs with disabilities and special needs living in overcrowded and unsuitable conditions — Circumstances posing risk and affecting privacy and personal dignity of plaintiffs — Whether failure of housing authority to improve living conditions breaching Article 8 — Whether State authorities obligated to provide additional caravan to alleviate plaintiffs’ suffering — The law of Ireland
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- © Cambridge University Press 2012