Though absent from the United Nations drafting efforts in these early years, Ireland
played a major role in the drafting and adoption of the European Convention on Human
Rights. It was not the first State to ratify the Convention, but was among those whose
participation was necessary for it to enter into force, on 3 September 1953. Ireland was the
first State to make a declaration under article 46 of the Convention, by which it recognised
the jurisdiction of the European Court of Human Rights. Officials in the Department of
Justice had assured the government that there was virtually no chance Ireland could actually
be brought before the Court, given their perception that Irish legislation was consistent with
the provisions of the Convention. But they insisted on the symbolic importance of such a
gesture. Ironically, given what we can now see as the naïve equanimity of government
bureaucrats, Ireland was respondent in the first case to be litigated before the European Court
of Human Rights.
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One of the main stumbling blocks in the negotiations was the right of individual
petition to the European Commission of Human Rights. On this point, Ireland was
particularly vocal in its support. It ran up directly against the British, who were not at all
keen on the idea. MacBride said that a ‘convention on human rights which did not grant any
right of redress to individuals was not worth the paper it was written on’.47 A compromise
text was eventually agreed to, by which States could ratify the Convention yet not accept the
right of individual petition. In order to establish jurisdiction of the European Commission on
Human Rights to receive individual petitions, a special declaration was required, in
accordance with article 25. Eventually, all delegations but one – Ireland – voted in favour of
the text. Ireland said it was prepared to have its vote registered as an abstention in order to
achieve unanimity.
http://www.nuigalway.ie/human_rights/Projects/ireland_project/Docs/Ireland%20ECHR%20and%20Personal%20contribution%20of%20Sean%20MacBride.pdfThe right for individual petition to the European Court of Human Rights eventually came in during the 1990s, with Protocols 9 and 11.