Ireland

Summary of Domestic Prohibition

Slavery and slave trade

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Practices similar to slavery

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Servitude

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Forced or compulsory labour

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Human trafficking

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Forced marriage

There appears to be no legislation in Ireland that addresses forced marriage.

Consent to marriage

There appears to be no legislation in Ireland that requires consent to marriage.

Servile marriage

There appears to be no legislation in Ireland that prohibits servile matrimonial transactions.

Marriage trafficking

There appears to be no legislation in Ireland that prohibits marriage trafficking.

Minimum age for marriage

The minimum age for marriage in Ireland is 18, without differentiation by gender, as set out on Article 31 of the 1995 Family Law Act. Where marriages are conducted involving a person below the minimum age, the marriage shall not be valid in law, as set out on Article 31 of the 1995 Family Law Act. There are no exceptions allowing marriage below this minimum age.

Region

Western Europe and Others

Regional Court

European Court of Human Rights

Legal System

Common

International Instruments

1926 Slavery Convention
18 June 1930
1953 Protocol to the Slavery Convention
31 August 1961
1956 Supplementary Slavery Convention
18 September 1961
1966 ICCPR
08 December 1989
1930 Forced Labour Convention
02 March 1931
2014 Protocol to the 1930 Forced Labour Convention
04 February 2019
1957 Abolition of Forced Labour Convention
11 June 1958
1999 Worst Forms of Child Labour Convention
20 December 1999
2000 Protocol to Prevent, Suppress and Punish Trafficking in Persons
17 June 2010
1998 Rome Statute of the ICC
11 April 2002
1956 Supplementary Slavery Convention
18 September 1961
1966 ICCPR
08 December 1989
1966 Optional Protocol to the ICCPR
08 December 1989
1966 ICESCR
08 December 1989
2008 Optional Protocol to the ICESCR
Not Party
1962 Convention on Consent to Marriage, Minimum Age for Marriage and Registration of Marriages
Not Party
1957 Convention on the Nationality of Married Women
25 November 1957
1989 Convention on the Rights of the Child
28 September 1992
2000 Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography
Not Party
2011 Optional Protocol to the CRC on a communications procedure
24 September 2014
1979 Convention on the Elimination of All Forms of Discrimination against Women
23 December 1985
1999 Optional Protocol to CEDAW
07 September 2000
1978 Convention on the Celebration and Recognition of the Validity of Marriages
Not Party
2000 Protocol to Prevent, Suppress and Punish Trafficking in Persons
17 June 2010
1998 Rome Statute of the ICC
11 April 2002
1999 Worst Forms of Child Labour Convention
20 December 1999

International Obligations

  • Slavery
  • Servitude
  • Institutions and Practices Similar to Slavery
  • Forced Labour
  • Human Trafficking
  • Marriage Trafficking

Regional Organisations

  • European Court of Human Rights
  • Organanisation for Economic Cooperation and Development
  • Organisation for Security and Cooperation in Europe
  • European Union
  • Council of Europe

Legislative Provisions

CONSTITUTION OF IRELAND 1937 (REV. 2015)

Article 40
1. All citizens shall, as human persons, be held equal before the law. 3. (1) The State guarantees in its laws to respect, and, as far as practicable, by its laws to defend and vindicate the personal rights of the citizen.
4. (1) No citizen shall be deprived of his personal liberty save in accordance with law.
Article 45
4. (2) The State shall endeavour to ensure that the strength and health of workers, men and women, and the tender age of children shall not be abused and that citizens shall not be forced by economic necessity to enter avocations unsuited to their sex, age or strength.Ireland Constitution

EUROPEAN CONVENTION ON HUMAN RIGHTS ACT 2003

Article 2. Interpretation of laws
(1) In interpreting and applying any statutory provision or rule of law, a court shall, in so far as is possible, subject to the rules of law relating to such interpretation and application, do so in a manner compatible with the State’s obligations under the Convention provisions.
(2) This section applies to any statutory provision or rule of law in force immediately before the passing of this Act or any such provision coming into force thereafter.
Article 3. Performance of certain functions in a manner compatible with Convention provisions
(1) Subject to any statutory provision (other than this Act) or rule of law, every organ of the State shall perform its functions in a manner compatible with the State’s obligations under the Convention provisions.
(2) A person who has suffered injury, loss or damage as a result of a contravention of subsection (1), may, if no other remedy in damages is available, institute proceedings to recover damages in respect of the contravention in the High Court (or, subject to subsection (3), in the Circuit Court) and the Court may award to the person such damages (if any) as it considers appropriate.
(3) The damages recoverable under this section in the Circuit Court shall not exceed the amount standing prescribed, for the time being by law, as the limit of that Court’s jurisdiction in tort.
(4) Nothing in this section shall be construed as creating a criminal offence.
(5)
(a) Proceedings under this section shall not be brought in respect of any contravention of subsection (1) which arose more than 1 year before the commencement of the proceedings.
(b) The period referred to in paragraph (a) may be extended by order made by the Court if it considers it appropriate to do so in the interests of justice.
Schedule 1. Convention for the Protection of Human Rights and Fundamental Freedoms
Article 4. Prohibition of slavery and forced labour
1 No one shall be held in slavery or servitude.
2 No one shall be required to perform forced or compulsory labour.
3 For the purpose of this article the term “forced or compulsory labour” shall not include:
a any work required to be done in the ordinary course of detention imposed according to the provisions of Article 5 of this Convention or during conditional release from such detention;
b any service of a military character or, in case of conscientious objectors in countries where they are recognised, service exacted instead of compulsory military service;

c any service exacted in case of an emergency or calamity threatening the life or well-being of the community;
d any work or service which forms part of normal civic obligations.Ireland European Convention on Human Rights Act

SLAVE TRADE ACT 1824 (AS AMENDED BY THE SLAVE TRADE ACT 1843 AND THE CRIMINAL LAW ACT 1997)

Article 2. The purchase, sale, or contract for slaves declared unlawful; as also the removal, importation, or exportation of slaves; the fitting out of vessels, or making of loans or guarantees on shipping of goods for the above purposes; the serving on board ships employed for any of such purposes; or the insuring of slaves or slave adventures.
It shall not be lawful for any persons to deal or trade in, purchase, sell, barter, or transfer, or to contract for the dealing or trading in, purchase, sale, barter, or transfer of slaves, or persons intended to be dealt with as slaves; or to carry away, or remove, or to contract for the carrying away or removing of slaves or other persons, as or in order to their being dealt with as slaves; or to import or bring, or to contract for the importing or bringing into any place whatsoever slaves or other persons, as or in order to their being dealt with as slaves; or to ship, tranship, embark, receive, detain, or confine on board, or to contract for the shipping, transhipping, embarking, receiving, detaining, or confining on board of any ship, vessel, or boat, slaves or other persons, for the purpose of their being carried away or removed, as or in order to their being dealt with as slaves; or to ship, tranship, embark, receive, detain, or confine on board, or to contract for the shipping, transhipping, embarking, receiving, detaining, or confining on board of any ship, vessel, or boat, slaves or other persons, for the purpose of their being imported or brought into any place whatsoever as or in order to their being dealt with as slaves; or to fit out, man, navigate, equip, despatch, use, employ, let, or take to freight or on hire, or to contract for the fitting out, manning, navigating, equipping, despatching, using, employing, letting, or taking to freight or on hire, any ship, vessel, or boat, in order to accomplish any of the objects, or the contracts in relation to the objects, which objects and contracts have herein-before been declared unlawful; or to lend or advance, or become security for the loan or advance, or to contract for the lending or advancing, or becoming security for the loan or advance of money, goods, or effects employed or to be employed in accomplishing any of the objects, or the contracts in relation to the objects, which objects and contracts have herein-before been declared unlawful; or to become guarantee or security, or to contract for the becoming guarantee or security, for agents employed or to be employed in accomplishing any of the objects, or the contracts in relation to the objects, which objects and contracts have herein-before been declared unlawful; or in any other manner to engage or to contract to enrage directly or indirectly therein as a partner, agent, or otherwise; or to ship, tranship, lade, receive, or put on board, or to contract, for the shipping, transhipping, lading, receiving, or putting on board of any ship, vessel, or boat, money, goods, or effects to be employed in accomplishing any of the objects, or the contracts in relation to the objects, which objects and contracts have herein-before been declared unlawful; or to take the charge or command, or to navigate or enter and embark on board, or to contract for the taking the charge or command, or for the navigating or entering and embarking on board of any ship, vessel, or boat, as captain, master, mate, petty officer, surgeon, supercargo, seaman, marine, or servant, or in any other capacity, knowing that such ship, vessel, or boat is actually employed, or is in the same voyage, or upon the same occasion, in respect of which they shall so take the charge or command, or navigate or enter and embark, or contract so to do as aforesaid, intended to be employed in accomplishing any of the objects, or the contracts in relation to the objects, which objects and contracts have herein-before been declared unlawful; or to insure or to contract for the insuring of any slaves, or any property, or other subject matter, engaged or employed or intended to be engaged or employed in accomplishing any of the objects, or the contracts in relation to the objects, which objects and contracts have herein-before been declared unlawful.
Article 3. Penalty for dealing in slaves
If any persons shall deal or trade in, purchase, sell, barter, or transfer, or contract for the dealing or trading in, purchase, sale, barter, or transfer of slaves, or persons intended to be dealt with as slaves; or shall carry away or remove or contract for the carrying away or removing of slaves or other persons, as or in order to their being dealt with as slaves; or shall import or bring or contract for the importing or bringing into any place whatsoever slaves or other persons as or in order to their being dealt with as slaves; or shall ship, tranship, embark, receive, detain, or confine on board, or contract for the shipping, transhipping, embarking, receiving, detaining, or confining on board of any ship, vessel, or boat, slaves or other persons, for the purpose of their being carried away or removed, as or in order to their being dealt with as slaves; or to ship, tranship, embark, receive, detain, or confine on board, or contract for the shipping, transhipping, embarking, receiving, detaining, or confining on board of any ship, vessel, or boat, slaves or other persons, for the purpose of their being imported or brought into any place whatsoever, as or in order to their being dealt with as slaves; then and in every such case the persons so offending, shall forfeit and pay for every such offence the sum of one hundred pounds of lawful money of Great Britain for each and every slave so dealt or traded in, purchased, sold, bartered, or transferred, carried away, removed, imported, brought, shipped, transhipped, embarked, received, detained, or confined on board, or so contracted for as aforesaid; the one moiety thereof to the use of his Majesty, and the other moiety to the use of any person who shall inform, sue, and prosecute for the same; and all property or pretended property in such slaves or persons as aforesaid shall also be forfeited, and the said slaves or persons shall and may be seized and prosecuted as herein-after is mentioned and provided.
Article 5. Penalty for embarking capital in the slave trade, &c.
If any persons shall knowingly and wilfully lend or advance, or become security for the loan or advance, or shall contract for the lending or advancing, or becoming security for the loan or advance of money, goods, or effects employed or to be employed in accomplishing any of the objects, or the contracts in relation to the objects, which objects and contracts have herein-before been declared unlawful, then and in every such case the persons so offending, shall forfeit and pay for every such offence double the value of all the money, goods, and effects so lent, advanced, or secured or so contracted for as aforesaid, to be recovered and applied as is herein-after mentioned and provided.

Article 10. Persons dealing in slaves or removing or exporting or importing slaves; or fitting out slave ships; or embarking capital, &c. in the slave trade; or guaranteeing slave adventurers; or shipping goods, &c. to be employed in the slave trade; or serving on board slave ships as captain, master, surgeon, &c.; or insuring slaves or slave adventures; or forging instruments relating to the slave laws; declared guilty of felony, &c.
If any persons shall deal or trade in, purchase, sell, barter, or transfer, or contract for the dealing or trading in, purchase, sale, barter, or transfer of slaves, or persons intended to be dealt with as slaves, or shall carry away or remove, or contract for the carrying away or removing of slaves or other persons, as or in order to their being dealt with as slaves, or shall import or bring, or contract for the importing or bringing into any place whatsoever slaves or other persons, as or in order to their being dealt with as slaves, or shall ship, tranship, embark, receive, detain, or confine on board, or contract for the shipping, transhipping, embarking, receiving, detaining, or confining on board of any ship, vessel, or boat, slaves or other persons, for the purpose of their being carried away or removed, as or in order to their being dealt with as slaves; or shall ship, tranship, embark, receive, detain, or confine on board, or contract for the shipping, transhipping, embarking, receiving, detaining, or confining on board of any ship, vessel, or boat, slaves or other persons, for the purpose of their being imported or brought into any place whatsoever, as or in order to their being dealt with as slaves; or shall fit out, man, navigate, equip, despatch, use, employ, let or take to freight or on hire, or contract for the fitting out, manning, navigating, equipping, despatching, using, employing, letting, or taking to freight or on hire any ship, vessel, or boat, in order to accomplish any of the objects, or the contracts in relation to the objects, which objects and contracts have herein-before been declared unlawful; or shall knowingly and wilfully lend or advance, or become security for the loan or advance, or contract for the lending or advancing, or becoming security for the loan or advance, of money, goods, or effects employed or to be employed in accomplishing any of the objects, or the contracts in relation to the objects, which objects and contracts have herein-before been declared unlawful; or shall knowingly and wilfully become guarantee or security, or contract for the becoming guarantee or security, for agents employed or to be employed in accomplishing any of the objects, or the contracts in relation to the objects, which objects and contracts have herein-before been declared unlawful, or in any other manner to engage or to contract to engage directly or indirectly therein as a partner, agent, or otherwise; or shall knowingly and wilfully ship, tranship, lade, receive, or put on board, or contract for the shipping, transhipping, lading, receiving, or putting on board of any ship, vessel, or boat, money, goods, or effects to be employed in accomplishing any of the objects, or the contracts in relation to the objects, which objects and contracts have herein-before been declared unlawful; or shall take the charge or command, or navigate, or enter and embark on board, or contract for the taking the charge or command, or for the navigating or entering and embarking on board of any ship, vessel, or boat, as captain, master, mate, surgeon, or supercargo, knowing that such ship, vessel, or boat is actually employed or is, in the same voyage or upon the same occasion in respect of which they shall so take the charge or command, or navigate or enter and embark, or contract so to do as aforesaid, intended to be employed in accomplishing any of the objects, or the contracts in relation to the objects, which objects and contracts have herein-before been declared unlawful; or shall knowingly and wilfully insure or contract for the insuring of any slaves, or any property or other subject matter engaged or employed in accomplishing any of the objects, or the contracts in relation to the objects, which objects and contracts have herein-before been declared unlawful; or shall wilfully and fraudulently forge or counterfeit and certificate, certificate of valuation, sentence or decree of condemnation or restitution, copy of sentence or decree of condemnation or restitution, or any receipt (such receipts being require by this Act), or any part of such certificate, certificate of valuation, sentence or decree of condemnation or restitution, copy of sentence or decree of condemnation or restitution, or receipt as aforesaid; or shall knowingly and wilfully utter or publish the same, knowing it to be forged or counterfeited, with intent to defraud his Majesty, or any other person or persons whatsoever, or any body politic or corporate; then and in every such case the person or persons so offending, shall be and are hereby declared to be felons, and shall be transported beyond seas for a term not exceeding fourteen years, or shall be confined and kept to hard labour for a term not exceeding five years, nor less than three years, at the discretion of the court before whom such offender or offenders shall be tried and convicted.

Article 11. Seamen, &c. serving on board such ships declared guilty of a misdemeanor, &c.
If any persons shall enter and embark on board, or contract for the entering and embarking on board of any ship, vessel, or boat, as petty officer, seaman, marine, or servant, or in any other capacity not herein-before specifically mentioned, knowing that such ship, vessel, or boat is actually employed or is, in the same voyage or upon the same occasion in respect of which they shall so enter and embark on board, or contract so to do as aforesaid, intended to be employed in accomplishing any of the objects, or the contracts in relation to the objects, which objects and contracts have herein-before been declared unlawful, then and in every such case the persons so offending, shall be and they are hereby declared to be guilty of a misdemeanor only, and shall be punished by imprisonment for a term not exceeding two years.Ireland Slave Trade Act

CRIMINAL LAW (HUMAN TRAFFICKING) ACT 2008 (AS AMENDED BY THE CRIMINAL LAW (HUMAN TRAFFICKING) (AMENDMENT) ACT 2013)

Section 1. Interpretation.
1.— In this Act—
“exploitation” means—
a) labour exploitation
b) sexual exploitation, or
c) exploitation consisting of the removal of one or more of the organs of a person;
(d) exploitation consisting of forcing a person to engage in—
(i) an activity that constitutes an offence and that is engaged in for financial gain or that by implication is engaged in for financial gain, or
(ii) an activity in a place other than the State
that—
(I) constitutes an offence under the law of that place and would, if done in the State, constitute an offence, and
(II) is engaged in for financial gain or that by implication is engaged in for financial gain
“labour exploitation” means, in relation to a person (including a child)—
a) subjecting the person to forced labour (including forcing him or her to beg),
(b) forcing the person to render services to another person, or
(c) enslavement of the person or subjecting him or her to servitude or a similar condition or
state; “sexual exploitation” means, in relation to a person—
a) the production of pornography depicting the person either alone or with others,
b) causing the person to engage in sexual activity for the purpose of the production of pornography,
c) the prostitution of the person,
d) the commission of an offence specified in the Schedule to the Act of 2001 against the person; causing another person to commit such an offence against the person; or causing the person to commit such an offence against another person, or
e) otherwise causing the person to engage or participate in any sexual, indecent or obscene act;
“trafficks” means, in relation to a person (including a child)—
a) procures, recruits, transports or harbours the person, or
i) transfers the person to,
ii) places the person in the custody, care or charge, or under the control, of, or
iii) otherwise delivers the person to, another person,
b) causes a person to enter or leave the State or to travel within the State,
c) takes custody of a person or takes a person—
i) into one’s care or charge, or
ii) under one’s control, or
d) provides the person with accommodation or employment.
Section 2. Trafficking, etc., of Children.
1) A person who trafficks a child for the purposes of the exploitation of the child shall be guilty of an offence.
2) A person who—
a. sells a child, offers or exposes a child for sale or invites the making of an offer to purchase a child, or
b. purchases or makes an offer to purchase a child,
shall be guilty of an offence.
3) A person who causes an offence under subsection (1) or (2) to be committed shall be guilty of an offence.
4) A person who attempts to commit an offence under subsection (1), (2) or (3) shall be guilty of an offence.
5) A person guilty of an offence under this section shall be liable upon conviction on indictment—
a. to imprisonment for life or a lesser term, and
b. at the discretion of the court, to a fine.
6) In this section “exploitation” does not include sexual exploitation.
Section 4. Trafficking of Persons Other Than Children.
(1) A person (in this section referred to as the “trafficker”) who trafficks another person (in this section referred to as the “trafficked person”), other than a child or a person to whom subsection (3) applies, for the purposes of the exploitation of the trafficked person shall be guilty of an offence if, in or for the purpose of trafficking the trafficked person, the trafficker—
a) coerced, threatened, abducted or otherwise used force against the trafficked person,
b) deceived or committed a fraud against the trafficked person,
c) abused his or her authority or took advantage of the vulnerability of the trafficked person to such extent as to cause the trafficked person to have had no real and acceptable alternative but to submit to being trafficked,
d) coerced, threatened or otherwise used force against any person in whose care or charge, or under whose control, the trafficked person was for the time being, in order to compel that person to permit the trafficker to traffick the trafficked person, or
e) made any payment to, or conferred any right, interest or other benefit on, any person in whose care or charge, or under whose control, the trafficked person was for the time being, in exchange for that person permitting the trafficker to traffick the trafficked person.
(2) In proceedings for an offence under this section it shall not be a defence for the defendant to show that the person in respect of whom the offence was committed consented to the commission of any of the acts of which the offence consists.
(3) A person who trafficks a person who is mentally impaired for the purposes of the exploitation of the person shall be guilty of an offence.
(4) A person who—
(a) sells another person, offers or exposes another person for sale or invites the making of an offer to purchase another person, or
(b) purchases or makes an offer to purchase another person, shall be guilty of an offence.
(5) A person who causes an offence under subsection (1, (3) or (4) to be committed shall be guilty of an offence.
(6) A person who attempts to commit an offence under subsection (1), (3), (4) or (5) shall be guilty of an offence.
(7) A person guilty of an offence under this section shall be liable upon conviction on indictment—
(a) to imprisonment for life or a lesser term, and
(b) at the discretion of the court, to a fine.
(8) In this section “mentally impaired” has the same meaning as it has in the Criminal Law (Sexual Offences) Act 1993

Section 5. Soliciting or Importuning for Purposes of Prostitution of Trafficked Person.
(1) Where, for the purposes of the prostitution of a trafficked person, a person (other than that trafficked person) solicits or importunes another person, including that trafficked person, in any place, he or she shall be guilty of an offence.
(2) A person (other than the trafficked person in respect of whom the offence under subsection (1) is committed) who accepts, or agrees to accept a payment, right, interest or other benefit from a person for a purpose mentioned in subsection (1) shall be guilty of an offence.
(3) A person guilty of an offence under this section shall be liable—
(a) on summary conviction to a fine not exceeding €5,000 or a term of imprisonment not exceeding 12 months, or both, or
(b) on conviction on indictment to a fine or a term of imprisonment not exceeding 5 years, or both.
(4) In proceedings for an offence under this section it shall be a defence for the defendant to prove that he or she did not know and had no reasonable grounds for believing, that the person in respect of whom the offence was committed was a trafficked person.
(5) This section is in addition to, and not in substitution for, section 7 of the Act of 1993 in so far as an offence under that section is committed by, or in respect of, a trafficked person.
(6) In this section— “Act of 1993” means the Criminal Law (Sexual Offences) Act 1993 ; “solicits or importunes” has the same meaning as it has in the Act of 1993; “trafficked person” means—
(a) a person in respect of whom an offence under subsection (1) or (3) of section 4 has been committed, or
(b) a child who has been trafficked for the purpose of his or her exploitation.

Ireland Trafficking in Persons Amendment 2013

CHILD TRAFFICKING AND PORNOGRAPHY ACT 1998 (AS AMENDED BY THE CRIMINAL LAW (HUMAN TRAFFICKING) ACT 2008)

Section 3
(1) A person who trafficks a child for the purposes of the sexual exploitation of the child shall be guilty of an offence and shall be liable upon conviction on indictment—
(a) to imprisonment for life or a lesser term, and
(b) at the discretion of the court, to a fine.
(2) A person who—
(a) sexually exploits a child, or
(b) takes, detains, or restricts the personal liberty of, a child for the purpose of his or her sexual exploitation, shall be guilty of an offence and shall be liable upon conviction on indictment—
(i) to imprisonment for life or a lesser term, and
(ii) at the discretion of the court, to a fine.”, and
(3) A person who causes another person to commit an offence under subsection (1) or (2) shall be guilty of an offence and shall be liable upon conviction on indictment—
(a) to imprisonment for life or a lesser term, and
(b) at the discretion of the court, to a fine.
(4) A person who attempts to commit an offence under subsection (1), (2) or (3) shall be guilty of an offence and shall be liable upon conviction on indictment—
(a) to imprisonment for life or a lesser term, and
(b) at the discretion of the court, to a fine.
(5) In this section— ‘child’ means a person under the age of 18 years;
‘sexual exploitation’ means, in relation to a child—
a) inviting, inducing or coercing the child to engage in prostitution or the production of child pornography,
b) the prostitution of the child or the use of the child for the production of child pornography,

c) the commission of an offence specified in the Schedule to the Sex Offenders Act 2001 against the child; causing another person to commit such an offence against the child; or inviting, inducing or coercing the child to commit such an offence against another person,
d) inviting, inducing or coercing the child to engage or participate in any sexual, indecent or obscene act, or
e) inviting, inducing or coercing the child to observe any sexual, indecent or obscene act, for the purpose of corrupting or depraving the child,
and ‘sexually exploits’ shall be construed accordingly;
‘trafficks’ means, in relation to a child—
a) procures, recruits, transports or harbours the child, or—
(i) transfers the child to,
(ii) places the child in the custody, care or charge, or under the control, of, or
(iii)otherwise delivers the child to, another person,
b) causes the child to enter or leave the State or to travel within the State,
c) takes custody of the child or takes the child—
(i) into one’s care or charge, or
(ii) under one’s control, or
d) provides the child with accommodation or employment.

 

THE CRIMINAL JUSTICE (SEXUAL OFFENCES) ACT 2017

Section 26

Section 5 of the [The Criminal Justice (Sexual Offences) Act] of 2008 is amended by—

(a) the insertion of the following subsection:

“(2A) A person who pays, gives, offers or promises to pay or give a person (including the trafficked person) money or any other form of remuneration or consideration for the purposes of the prostitution of a trafficked person shall be guilty of an offence.”

EUROPEAN CONVENTION ON HUMAN RIGHTS ACT 2003

Article 3. Performance of certain functions in a manner compatible with Convention provisions 

(1) Subject to any statutory provision (other than this Act) or rule of law, every organ of the State shall perform its functions in a manner compatible with the State’s obligations under the Convention provisions. 

(2) A person who has suffered injury, loss or damage as a result of a contravention of subsection (1) may, if no other remedy in damages is available, institute proceedings to recover damages in respect of the contravention in the High Court (or, subject to subsection (3), in the Circuit Court), and the Court may award to the person such damages (if any) as it considers appropriate. 

(3) The damages recoverable under this section in the Circuit Court shall not exceed the amount standing prescribed, for the time being, by law, as the limit of that Court’s jurisdiction in tort. 

(4) Nothing in this section shall be construed as creating a criminal offense. 

(5) 

(a) Proceedings under this section shall not be brought in respect of any contravention of subsection (1) that arose more than 1 year before the commencement of the proceedings. 

(b) The period referred to in paragraph (a) may be extended by order made by the court if it considers it appropriate to do so in the interests of justice. 

Article 121 Right to marry 

Men and women of marriageable age have the right to marry and to found a family, according to the national laws governing the exercise of this right. 

Schedule 5 Protocol No. 7 to the Convention for the Protection of Human Rights and Fundamental Freedoms 

Article 5: Equality between spouses 

Spouses shall enjoy equality of rights and responsibilities of a private law character between them and in their relations with their children, as to marriage, during marriage and in the event of its dissolution. This article shall not prevent states from taking such measures as are necessary in the interests of the children. 

Ireland European Convention on Human Rights Act-English-PDF.

FAMILY LAW ACT 1995

29. 

(1) The court may, on application to it in that behalf by either of the spouses concerned or by any other person who, in the opinion of the court, has a sufficient interest in the matter, by order make one or more of the following declarations in relation to a marriage, that is to say: 

(a) a declaration that the marriage was at its inception a valid marriage, 

(b) a declaration that the marriage subsisted on a date specified in the application, 

(c) a declaration that the marriage did not subsist on a date so specified, not being the date of the inception of the marriage, 

(d) a declaration that the validity of a divorce, annulment or legal separation obtained under the civil law of any other country or jurisdiction in respect of the marriage is entitled to recognition in the State, 

(e) a declaration that the validity of a divorce, annulment or legal separation so obtained in respect of the marriage is not entitled to recognition in the State. 

(2) The court may grant an order under subsection (1) if, but only if, either of the spouses concerned— 

(a) is domiciled in the State on the date of the application, 

(b) has been ordinarily resident in the State throughout the period of one year 

ending on that date, or 

(c) died before that date and either— 

(i) was at the time of death domiciled in the State, or 

(ii) had been ordinarily resident in the State throughout the period of one year ending on that date. 

(3) The other spouse or the spouses concerned or the personal representative of the spouse or each spouse, within the meaning of the Act of 1965, shall be joined in proceedings under this section. 

(4) The court may, at any stage of proceedings under this section of its own motion or on application to it in that behalf by a party thereto, order that notice of the proceedings be given to the Attorney General or any other person and that such documents relating to the proceedings as may be necessary for the purposes of his or her functions shall be given to the Attorney General. 

(5) The court shall, on application to it in that behalf by the Attorney General, order that he or she be added as a party to any proceedings under this section and, in any such proceedings, he or she shall, if so requested by the court, whether or not he or she is so added to the proceedings, argue any question arising in the proceedings specified by the court. 

(6) Where notice of proceedings under this section is given to a person (other than the Attorney General), the court may, of its own motion or on application to it in that behalf by the person or a party to the proceedings, order that the person be added as a party to the proceedings. 

(7) Where a party to proceedings under this section alleges that the marriage concerned is or was void, or that it is voidable, and should be annulled, the court may treat the application under subsection (1) as an application for a decree of nullity of marriage and may forthwith proceed to determine the matter accordingly and may postpone the determination of the application under subsection (1). 

(8) A declaration under this section shall be binding on the parties to the proceedings concerned and on any person claiming through such a party and, if the Attorney General is a party to the proceedings, the declaration shall also be binding on the State. 

(9) A declaration under this section shall not prejudice any person if it is subsequently proved to have been obtained by fraud or collusion. 

(10) Where proceedings under this section, and proceedings in another jurisdiction, in relation to the same marriage have been instituted but have not been finally determined, the court may stay the first-mentioned proceedings until the other proceedings have been finally determined. 

F41[(11) In this section a reference to a spouse includes a reference to a person 

who is a party to a marriage that has been dissolved under the Family Law (Divorce) Act, 1996.] 

31. 

(1) (a) (i) A marriage solemnised, after the commencement of this section, between persons either of whom is under the age of 18 years shall not be valid in law. 

(ii) Subparagraph (i) applies to any marriage solemnised— 

(I) in the State, irrespective of where the spouses or either of them are or is ordinarily resident, or 

(II) outside the State, if at the time of the solemnisation of the marriage, the spouses or either of them are or is ordinarily resident in the State. 

(b) F42[…] 

(c) The requirement in relation to marriage arising by virtue of paragraph (a) is hereby declared to be a substantive requirement for marriage. 

(2) Any person to whom application is made in relation to the solemnisation of an intended marriage may, if he or she so thinks fit, request the production of evidence of age with respect to either or both of the parties concerned. 

(3) Where a request is made under subsection (2)— 

(a) refusal or failure to comply with the request shall be a proper reason for refusal of the application concerned, and 

(b) if the request is complied with and the evidence shows that either or both of the parties is or are under the age of 18 years, the application shall be refused. 

(4) Where a person knowingly— 

(a) solemnises or permits the solemnisation of a marriage which, consequent on the provisions of this section, is not valid in law, or 

(b) is a party to such a marriage, the person shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £500.