Communicated on 3 April 2020 Published on 8 June 2020

FIFTH SECTION

Application no. 50272/18 Roisin SHORTALL and Others against Ireland (see list attached ) lodged on 11 October 2018

STATEMENT OF FACTS

This application concerns the declaration to be made by the President of Ireland upon entering office (as prescribed by Article 12.8 of the Irish Constitution), and the declaration to be taken by all members of the Irish Council of State (as prescribed by Article 31.4 of the Irish Constitution), both of which must be sworn “in the presence of Almighty God”.

Ms Shortall and Mr Brady are elected representatives in Dáil Éireann (the Lower House of Parliament in Ireland), Mr Norris is a member of Seanad Éireann (the Upper House of Parliament in Ireland), Mr Finlay is a former chief executive of Barnardos , a children ’ s charity, and Professor McConnell is the Chancellor of Trinity College Dublin and a professor of genetics.

The applicants claim the declarations required by Article 12.8 and 31.4 of the Constitution exclude conscientious non-Christians, non-believers and those who do not wish to violate their consciences both from the office of President and from membership of the Council of State.

The applicants claim that as prominent politicians and members of Irish civil society they can legitimately aspire to being elected to the office of President or to being appointed to the Council of State. The applicants claim that the requirements for religious declaration for these offices in the Constitution would either prevent them from taking up these offices or require them to make a religious declaration against their conscience.

The applicants claim that their rights to freedom of thought, conscience and religion under Article 9 § 1 have been violated by the above requirements.

QUESTIONS TO THE PARTIES

1. Can the applicants claim to be “victims”, within the meaning of Article 34 of the Convention, of the alleged violations of Article 9 § 1 as a result of the requirement for the President of Ireland to make a religious declaration upon entering office under Article 12.8 of the Irish Constitution or as a result of the requirement for members of the Council of State to make a religious declaration under Article 31.4 of the Irish Constitution?

2. Do the requirements of Articles 12.8 and 31.4 of the Irish Constitution breach the applicants ’ rights under Article 9 § 1 of the Convention (see, for example, Buscarini and Others v. San Marino [GC], no. 24645/94, ECHR 1999 ‑ I ) ?

APPENDIX

No.

Applicant ’ s Name

Birth date

Nationality

Place of residence

1Roisin SHORTALL

1954Irish

Dublin

2John BRADY

1973Irish

Bray

3Fergus FINLAY

1950Irish

Dublin

4David MCCONNELL

1944Irish

Dublin

5David NORRIS

1944Irish

Dublin