Irish speaking teenager did not have her human rights breached by British citizenship, court rules

Caoimhe Ni Chuinnegain challenged the status automatically bestowed at birth, claiming it had been unlawfully imposed against her wishes.

But senior judges held that the 19-year-old has not been disadvantaged and is free to ignore her British citizenship.

Lord Justice McCloskey said: “She suffers from no inhibition in identifying herself as Irish and asserting her Irish citizenship exclusively; a British passport was not thrust upon her at any stage of

her life and she has no obligation to possess one.

“The impugned measure has no impact on the beliefs or identity which she espouses or their development; and she has been free to reject all aspects of her British citizenship from the age when she first chose to do so.”

Ms Ni Chuinnegain attended an Irish-medium school and speaks it as her first language. She described herself as "fully immersed in all aspects of Irish national culture".

Despite being an Irish citizen and holding an Irish passport, British citizenship was also automatically conferred on her at birth.

That status can only be renounced at the age of 18, in a process which involves paying a £372 fee.

The teenager issued proceedings against the Home Secretary, alleging the provisions of the British Nationality Act 1981 are incompatible with Article 8 of the European Convention on Human Rights and the 1998 Belfast Agreement.

Asserting a right to be recognised as an Irish citizen only, she mounted an appeal after the High Court dismissed her original challenge.

Judges were told Ms Ni Chuinnegain objected to the notion of ‘British citizen or subject’ being applied to her.

Although she can renounce her British citizenship, she said doing so would represent an acceptance of being born a British citizen.

However, Lord Justice McCloskey pointed out it meant she “enjoyed a broad range of rights and benefits”, including a state-funded education.

He held no interference with her legal entitlements was established.

Rejecting the appeal, the judge confirmed: “The right asserted by the appellant is not protected by Article 8 of the European Convention on Human Rights.”

Following the judgement Ms Ni Chuinnegain’s solicitor Michael Brentnall revealed she intends to take her legal battle to the European Court of Human Rights.