Browsing Irish Centre for Human Rights (Scholarly Articles) by Type "Article"
Now showing items 1-20 of 23
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10 ways institutional abuse details are still being kept secret
(RTÉ Brainstorm, 2019-09-05)The Taoiseach has tonight issued an apology on behalf of the State and its citizens to the victims of child abuse. Mr. Ahern made the apology as he announced a package of measures to tackle such abuse. These include the ... -
Burial of a child's remains: Resolving parental disputes
(Law Week Limited, 2013-02-28)A dispute between parents as to where or how to dispose of their child's remains may seem too tragic to countenance. However, it can occur, understandably, where two parents live far apart (in different countries even), ... -
Challenges in Applying Human Rights Law to Armed Conflict
(International Review of the Red Cross, 2005-12)The debates over the relationship between International Humanitarian Law and International Human Rights Law, have often focused on the question of whether human rights law continues to apply during armed conflict, and if ... -
Considering time in migration and border control practices
(Inderscience, 2016-10)Practices within the area of migration and border control are often analysed through a spatial lens. This is understandable: migration studies deal with movement of people across different places and spaces. Internatio ... -
Feminism, modern philosophy and the future of legitimacy of international constitutionalism
(Brill Academic Publishers, 2009)International constitutionalism relates to processes of limiting traditionally unrestricted powers of states as ultimate subjects, law-makers and law-enforcers of international law. Human rights occupy a central, but ... -
Hospitality and sovereignty: what can we learn from the Canadian private sponsorship of refugees program?
(Oxford University Press, 2012-09-10)This article addresses the tension between state sovereignty and refugee protection. The application of refugee law is often harshly criticized with such modern tendencies as increased border controls ... -
Human rights and smart economics: Mainstreaming gender in international trade policy
(UCD Law Review, 2009)At the time, the 1995 Fourth World Conference on Women in Beijing was applauded as a massive turning point for the status of women's human rights worldwide. Gender mainstreaming, established in the Beijing Platform for ... -
Imputed Criminal Liability and the Goals of International Justice
(Leiden Journal of International Law, 2007)This article considers the suitability of employing particular modes of imputed criminal liability in trials before international criminal tribunals. It focuses specifically on the doctrines of joint criminal enterprise ... -
International law, literature and interdisciplinarity
(Taylor & Francis, 2015-07-03)This article analyses the relationship between international law and literature from the point of view of its form of expression. Using insights from Deleuze and Guattari's analysis of Kafka's oeuvre as a ‘minor literature’, ... -
Ireland's Magdalene Laundries and the state's duty to protect
(Law Society of Ireland, 2011)Irish society has recently begun to come to terms with a legacy of systemic physical, sexual and emotional maltreatment of children from the 1930s to the 1970s in State-funded, Catholic Church-run Industrial and ... -
The Islamic veil and its discontents: how do they undermine gender equality
(Brill Academic Publishers, 2012)The article addresses the use of notions of gender equality and non-discrimination in the discussions concerning the practice of Islamic veiling by the European Court of Human Rights as well as by French authorities ... -
Mladic is convicted but jury is still out on Yugoslav tribunal
(The Irish Times, 2017-11-24)General Mladic, the former Bosnian Serb commander, has been found guilty of war crimes and other serious violations of international law. This was the last trial judgment to be delivered by the International Criminal ... -
Mladic trial marks end of an era
(RTE Brainstorm, 2017-11-21)The International Criminal Tribunal for the former Yugoslavia will this week deliver its judgment in what is the Tribunal s last big trial. Although the world has grown weary of the trials arising from the 1992-95 war in ... -
Muslim women's claims to refugee status within the context of child custody upon divorce under Islamic law
(Oxford University Press, 2010)This article analyses case law from the UK, New Zealand, and Canada relating to claims for recognition of refugee status presented by divorced Muslim women, revolving around the issue of child custody after divorce under ... -
Post-UN Withdrawal: An Assessment of Peacekeeping in Chad
(2011)The primary task of the parallel UN and European Union peace operations to Chad and the Central African Republic s (CAR) borders with Sudan in 2008 was protection of civilians and humanitarian workers. Delays in deployment ... -
Prolonged impunity as a continuing situation of torture or ill-treatment? Applying a dignity lens to so-called historical cases
(Springer and T.M.C Asser Press, 2019-03-28)Around the world many survivors of so-called historical abuses persist in seeking truth and justice decades after rights violations have been perpetrated. Recognising that prolonged impunity may cause victims suffering ... -
The "Reservations Dialogue" as a constitution-making process
(Brill Academic Publishers, 2013)The article proposes a new reading of the reservations regime to human rights treaties. The practice developed by states in relation to the reservations regime is analysed and presented as a constitution-making process. ... -
Rethinking human rights and culture through female genital surgeries
(Johns Hopkins University Press, 2015-02)The article revisits the relationship between culture and human rights through the analysis of one traditionally condemned cultural practice known in human rights law as female genital mutilation. The analysis draws on ... -
Selective Conscientious Objection in International Law: Refusing to Participate in a Specific Armed Conflict
(Netherlands Quarterly of Human Rights, 2002-12)