The Irish Human Rights and Equality Commission (the Commission) has been granted liberty by the High Court to exercise its amicus curiae (friend of the court) function in a case that raises important questions about the human rights and equality of persons with disabilities and wards of court.
The case centres on a man, V, with an intellectual disability who wants to marry his fiancée. Last year, the couple were prevented from marrying following an application to the High Court to have V made a ward of court. The President of the High Court granted an injunction to prevent the ceremony from going ahead. Concerns about V’s capacity to marry were raised with the President of the High Court. V is being represented by FLAC (Free Legal Advice Centres).
V’s lawyers argued that a wardship inquiry was not the appropriate forum to determine his capacity to marry, because the legal tests for wardship and for the decision-making capacity to marry are different. If made a ward of court, V would not be able to marry.
The Marriage of Lunatics Act 1811, which remains on Ireland’s statute books 200 years after its passing at Westminster, prevents people who are wards of court from marrying. In this situation, if V was made a ward of court he might be prevented from marrying his fiancée before it could be determined whether he has the capacity to marry.
V challenged the President of the High Court’s decision to hear the wardship inquiry before determining whether or not V had capacity to marry. When this challenge came before the Court of Appeal, the wardship proceedings were put on hold.
V’s legal team is now challenging the constitutionality of High Court’s wardship jurisdiction and the Marriage of Lunatics Acts 1811, and whether they are compatible with the European Convention of Human Rights and Ireland’s disability rights obligations.
As amicus curiae, the Commission will now assist the High Court with submissions about the rights of people with disabilities under the Irish Constitution, the UN Convention of the Rights of Persons with Disabilities (UNCRPD) and the European Convention of Human Rights.
Sinéad Gibney Chief Commissioner of the Irish Human Rights and Equality Commission stated:
“This case is an important challenge to the restrictions of rights of persons with disabilities. The right to marry and admission to wardship are significant issues for people with disabilities across Ireland. The UN Convention on the Rights of Persons with Disabilities says that the State should recognise that people with disabilities enjoy legal capacity on an equal basis with others in all aspects of life.
“It’s shameful that, in part because the Assisted Decision Making (Capacity) Act has still not been commenced, we still have a law passed in Westminster 200 years ago setting out how people with disabilities should be treated in Ireland in 2020.
“This legislative relic shows that we need to start taking the rights of people with disabilities seriously in line with our commitment to the UN Convention on the Rights of Persons with Disabilities, which views the rights of disabled people through a lens of dignity, agency and participation.”
Click here for the PILA Bulletin article on the decision of Court of Appeal to overturn the High Court judgment refusing adjournment of the wardship inquiry in this case.