The Irish High Court declared Thursday that the Irish government’s failure to provide for the basic needs of asylum seekers in Ireland is in breach of its legal obligations under the EU Charter of Fundamental Rights (CFR).

Mr Justice Barry O’Donnell held that applicants for international protection in Ireland equally enjoy the right to human dignity, including the right to being provided with an adequate standard of living where they do not have sufficient means to provide for themselves. The court also accepted that inadequate basic needs, particularly shelters, left asylum seekers “in a deeply vulnerable and frightening position that undermines their human dignity.” Accordingly, the court granted a declaration that the failure to provide for the newly arrived asylum seekers, between December 4, 2023 and May 10, 2024, violated their right to human dignity under CFR Article 1. Refusing to grant the mandatory order as requested, the court viewed compelling the government to fulfil its international legal obligations as unnecessary.

Irish Tánaiste (deputy prime minister) and Foreign Affairs Minister Micheál Martin said the court recognized the government’s “strenuous efforts” in providing for asylum seekers, adding that “we will continue to do everything we possibly can to fulfil our international legal obligations,” local broadcaster RTÉ reported.

Head of Legal of Irish Human Rights and Equality Commission Michael O’Neill welcomed the court’s decision, stating that the number of unaccommodated asylum seekers rose from 259, when the Commission lodged the proceedings in court, to 2352 now. O’Neill urged the government to comply with the court’s decision and respect the human dignity of asylum seekers. Previously in February, the UN High Commissioners for Refugees similarly urged the government to stop using tented and emergency accommodations for asylum seekers and provide for their humanitarian needs.

Affirming the protection of human dignity for asylum seekers also echoes international refugee law principles. For instance, the 1951 Convention relating to the Status of Refugees establishes that States are obligated to protect their rights to gainful employment and welfare, in addition to providing for their basic needs.

On December 21, 2023, IHREC brought proceedings before the Irish High Court over the government’s failure to properly house asylum applicants. The commission’s power to institute proceedings sources from section 41 of the Irish Human Rights and Equality Commission Act 2014. This case marks the first exercise of the Commission’s statutory right to “obtain declaratory relief in respect of any matters concerning the human rights of any class of persons.”