Courts / Ireland / Report

Intellectually disabled man in constitutional challenge to marriage ban

Summary

An intellectually disabled man, whose identity is withheld for legal reasons, has filed a constitutional challenge against Irish law after a High Court order prevented him from marrying his girlfriend of 15 years, who also has an intellectual disability. The man had been declared a ward of court by a charity the day before his wedding, and the High Court President, Mr Justice Peter Kelly, issued an order stopping the marriage. He now seeks declarations that the 1811 Marriage of Lunatics Act, the 1871 Lunacy Regulations, and the wardship provisions of the 1936 and 1961 Courts Acts are unconstitutional and violate his rights under the European Convention on Human Rights. He also requests that Section 7 of the 2015 Assisted Decision Making (Capacity) Act be enforced immediately to replace the existing wardship system with supported decision‑making.

Who, what, where, when and why

What: Report matter: Intellectually disabled man in constitutional challenge to marriage ban. Procedural stage: hearing_or_decision

When:

• 2020-11-18 Publication

Why: He further seeks a declaration that in order to protect and vindicate his rights, the defendants must bring into force without further delay Section 7 of the 2015 Assisted Decision Making (Capacity) Act, which provides for replacement of the existing wards of court system and introduction of a new system of supported decision-making. CNI source report

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Stage Hearing Or Decision

Read the original CNI report