The emergence of the right to identify in Ireland: addressing the 'historic wrongs' or ignoring the privacy interests?

Abstract

This thesis assessed the compatibility of Irish legislation on the right to identity of adopted persons with the obligations deriving from the European Convention on Human Rights (hereinafter 'ECHR'). The analysis took into account the existing socio-legal context of Ireland regarding the adoption practice. The peculiarities related to the right to identity were discussed - the interests protected by it and threats coming out from its realisation. Accordingly, the development of the European Court of Human Rights' (hereinafter 'ECtHR' or 'Court') case-law was also observed in detail. As a result, relevant conclusions were drawn regarding the scope of the obligations arising from the ECHR. Finally, the author argued that Ireland's Birth Information and Tracing Act (hereinafter 'BITA') is incompatible with the ECHR obligations due to the absolute nature of the right to identity. Consequently, recommendations were presented to align Ireland's legal framework with the ECHR.