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Unenumerated constitutional right identified by the Irish Courts


In The State (C) v Frawley [1976] IR365 the right not to be subjected to inhuman or degrading treatment was identified as an unenumerated right. The President of the Irish High Court stated: 'If the unspecified personal rights guaranteed by Article 40 follow in part or in whole from the Christian and democratic nature of the State, it is surely beyond argument that they include freedom from torture, and from inhuman or degrading treatment and punishment. Such a conclusion would appear to me to be inescapable even if there had never been a European Convention on Human Rights, or if Ireland had never been a party to it.'