Chapter Six. Age Discrimination and the Rights of Irish-born Children of Asylum Seekers

Abstract

Until recently, Irish Constitutional law and Irish legislation dictated that children born in the Republic of Ireland were automatically granted Irish citizenship. This chapter provides an overview of the rights of children born of asylum seekers both in domestic and international law. It critically analyses the extent to which the rights of children born of nonnationals in general are protected under international human rights law, with specific reference to the jurisprudence of the European Court of Human Rights. The chapter then considers the legal protection accorded to the Irish-born child as both an autonomous rights-holder as well as a member of the family unit under Irish law. It finally critiques the Supreme Court decision to deport the non-national parents of Irish-born children, finding that, at best, it disregards the rights of the child and, at worst, it discriminates against the Irish-born children of non-residents.Keywords: asylum seekers; European Court of Human Rights; international human rights law; Irish Constitutional law; Irish-born children; legal protection; Supreme Court decision