Right to Personal Liberty
Information
The Constitution guarantees that you have a right to liberty and freedom, except in accordance with the law.
This means that, in general, you are entitled to your own personal freedom but legislation may provide for your arrest and detention in certain circumstances. The state may only breach your right to personal liberty in circumstances that come within a law that provides for your arrest and/or detention.
If you believe that you are being detained or held unlawfully, you may make an application to the High Court. If the person or institution detaining you cannot justify the detention or prove that it is lawful, the High Court may order that you be released. This is called a "Habeas Corpus" order.
Language
Related Documents
- Fundamental Rights under the Irish Constitution
The Irish Constitution recognises and declares that you have certain fundamental personal rights. These rights are natural human rights - they come from being human and are confirmed and protected by the Constitution. - Religious Liberty
The right to religious liberty, as guaranteed by the Irish Constitution. - Unlawfully obtained evidence
Evidence that is obtained in deliberate and conscious breach of your constitutional rights is inadmissable in courts in Ireland.
Contact Us
If you have a question relating to this topic you can contact the Citizens Information Phone Service on 0761 07 4000 (Monday to Friday, 9am to 9pm) or you can visit your local Citizens Information Centre.