Fundamental Rights

Article 40 - Basic Rights

Official Literal English translation

Article 40.1 Basic Rights, Personal Rights

It is reckoned that all the citizens are equal as human persons in the presence of the law.
But it is not be be understood from that that the State will not duly, in its enactments, have regard to the difference there is between people in their physical attributes and in their moral attributes and in their societal function.

Points to Consider:

Article 40 refers to equality between people and to their basic human rights, referred to as fundamental rights in the original English translation.

Articles 40-44 cover the fundamental personal rights includes family (41), education (42), private property (43) and religion (44).

These statements of your fundamental rights are more extensive than those of 1922. They provide significantly to the protection of the rights of the individual.

This Article has had four subsections amended since 1937


Article 40.3 - 40.6.1

Official Literal English translation

Article 40.3.1

The State guarantees not to interfere by its laws with the personal rights of any citizen, and it further guarantees to defend and assert those rights with its laws in so far as it is possible.

40.3.2

The State will, in particular, by its laws, protect the life and person and good reputation and property rights of every citizen from unjust attack to the extent of its power, and assert them in a case of injustice.

40.3.3

The State acknowledges the right of the unborn to their life and, having due regard to the equal right of the mother to her life, it guarantees not to interfere through its laws with that right and it guarantees further to protect and assert that right with its laws in so far as it is possible.

40.4.1

It is not permitted to take his personal freedom from any citizen except in accordance with law.

40.5

His place of residence is secure for every citizen, and it is not permitted to go into it forcibly except in accordance with law.

Points to Consider:

Article 40.3

Here, the State guarantees to defend by law our inalienable rights. These are our inherent God-given rights. See Genesis chapter 1 verse 26.

This refers to our personal rights as opposed to actions taken by the State "for the common good".

Article 40.3.3

The State promises to protect the right of both the mother and her unborn child equally. However, there was a referendum to overturn this article on the controversial abortion topic in 2018.

https://www.ifpa.ie/advocacy/abortion-in-ireland-legal-timeline/

The question on any amendment is whether they are enrolled in our national language as per article 8 and article 63. If not, this is simply a working definition as a rule of law as it is "accepted" by the majority. This would make it legal to have an abortion, but not lawful.

Article 40.5

No man or woman can trespass on another's private residence without the express permission of the resident unless a law has been broken. Even the Gardai need to show a valid warrant (signed by a judge) that a law has been broken before they can enter without permission. See articles 43 and 45.

Your unalienable rights cannot be either given or taken by any court. They are based on your God-given inalienable rights as outlined in Genesis verse 26.


Article 40.6.1 - 40.6.2

Official Literal English translation

Article 40.6.1

40.6.1 i

The State guarantees freedom to operate the following rights but that being subject to public morality and order:-

The right of the citizens to reveal their certitudes and their opinions without hindrance.

But because the training of the mind of the people is of such importance to the welfare of the people, the State will endeavour to ensure that the organs of the public mind, for example, the radio and the press and the cinema, will not be used to break the basis of the public morality or order or the authority of the State. At the same time those organs will keep the freedom which is their right to declare opinions and including opinions evaluative of Government policy.

The publication or recitation of anything blasphemous or rebellious or obscene is a punishable crime in accordance with law.

40.6.1 ii

The right of the citizens to come on assembly peacefully unarmed. Provision may be made in accordance with law to prevent or regulate assemblies from which it is determined in accordance with law that there is a danger that breach of peace will come or that they are a danger or an annoyance to the people in general, and moreover assemblies near either of the Houses of the Oireachtas.

40.6.1 iii

The right of the citizens to establish associations and societies. But it is permitted to enact laws to regulate and direct the operation of the aforesaid right for the good of the people.

40.6.2

No distinction, with regard to politics or religion or class, is permitted in laws which will regulate the method of operating the right to establish associations and societies and the right to come together in free-assembly.

Points to Consider:

Article 40.6.1.i

Freedom of expression including freedom of speech and bodily autonomy are your rights protected by law.

There is a major question to be answered about whether the State is currently using the education system and the Irish media (including radio, newspapers, television and social media) to teach sexual deviancy and a transgender ideology which goes against the principles of natural and spiritual law, which could be seen as acts of blasphemy. These agendas have been funded by foreign unelected N0n-Government-Organisations. (NGOs).

40.6.1 ii enshrines the right of men and women to assemble and protest peacefully without hindrance, and afforded all the necessary protection required. Our passport (which is a unilateral diplomatic and bureaucratic obligation,) also declares these rights on the inside of the front page - see below.