Constitution & Tort law: discrimination

edgal

Is discrimination dealt with in Constitution law or the law of torts ?

How could breaches of the equal status law (through discrimination) be brought to justice ?

What court deals with constitution law? & The law of torts?

Can one sew in a small claims court for pain and suffering due to discrimination?

I am rather confused as to how one can challenge a decision which can be defined as discriminatory ..

Neither.

Through Rights Commissioners.

High Court and Supreme Court for the first one, District, Circuit and Superior Courts for the 2nd.

One can sew anywhere one likes. The ability to sue on grounds of discrimination would depend on the level of discrimination you faced. Hard to quantify it below the level of the Small Claims Court which wouldn't have the power anyway. Awards are made by Rights Commissioners.

You challenge it differently depending on who made it and in what context. If it was a State body then it may be amenable to judicial review. If it was an employer then its Rights Commissioners or Employment Appeals Tribunal.

EDIT: Answer to question one is really a qualified no.

DeSourire

The above comment is inaccurate.

There is a provision in the Constitution that provides for equality - Article 40.1, however it is very restricted. There is also The Equal Status Acts 2000-2011 where you can seek redress via the Equality Tribunal -however it is also limited in application.

edgal

DeSourire wrote: »

There is also The Equal Status Acts 2000-2011 where you can seek redress via the Equality Tribunal -however it is also limited in application.

Does the Ombudsman have any relation to the Equality Tribunal ?
And what can the Equality tribunals do if discrimination is proven ?

Can one seek damages for being discriminated against, and if so what court deals with this? (what court can you do so)
Could such claims be brought before the The Personal Injuries Assessment Board?
And could one get an injunction to prevent future discrimination from happening?

Thank you for your answer!

Tom Young

edgal wrote: »

Does the Ombudsman have any relation to the Equality Tribunal ?
And what can the Equality tribunals do if discrimination is proven ?

Can one seek damages for being discriminated against, and if so what court deals with this? (what court can you do so)
Could such claims be brought before the The Personal Injuries Assessment Board?
And could one get an injunction to prevent future discrimination from happening?

Thank you for your answer!

All of these questions and answers are on the respective agency websites.

Go and read them.

There's a charter here and you're breaching it.