Browsing University of Galway Theses by Subject "Human Rights"
Now showing items 1-20 of 21
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Austerity as retrogression: The rights to adequate housing and social security in the United Kingdom and Ireland
(NUI Galway, 2024-02-13)Austerity measures adopted by State Parties since 2008 had a detrimental impact on social housing and welfare, deteriorating the enjoyment of the rights to housing and social security under the International Covenant ... -
Breaking down barriers to reception rights for unaccompanied migrant children in Europe: Does intersectional discrimination matter?
(NUI Galway, 2023-10-10)Introduction ‘States should ensure that children in the context of international migration are treated first and foremost as children’ 1 Although the exact number cannot be known, recent figures indicate that there are ... -
‘Can the feminist movement provide legal services to refugees?’ Feminist lawyering, women refugees and gender based violence in urban Uganda
(NUI Galway, 2024-04-03)‘Can the feminist movement provide legal services to refugees?’ This is the question that this thesis seeks to answer through an assessment of the applicability of feminist lawyering to address gender-based violence ... -
‘Cé leis í?’ Determining the legal position of the ‘Surrogate’ in a surrogacy relationship through the Reproductive Justice Framework: A proposed model for Ireland.
(NUI Galway, 2019-05-29)This thesis asks the question: Cé leis í? (Who is she?) This question refers to the uniquely Irish kinship structure which recognises complex filiation structures. Similarly, advances in assisted human reproduction which ... -
Conceptualising domestic violence against women: Between gender-based universal human rights duty and gender-blind national responses
(NUI Galway, 2021-03-22)Despite widespread international acknowledgement of domestic violence against women and a plethora of governmental commitments to eliminate it, the issue remains as prevalent today as it was at the beginning of the domestic ... -
Deepening democracy: Participation under international human rights law
(2017-09-30)This thesis examines the principle of participation, through which persons may have a direct role in decisions affecting them. This is said to be an integral principle of the international human rights framework, but thus ... -
Developing a new framework for human rights in older age: Exploration, interpretation and application
(NUI Galway, 2020-04-05)While there is growing attention on the rights of older persons and the feasibility of a new treaty, the conceptual basis for a new United Nations (UN) convention has not yet been clearly articulated. This thesis addresses ... -
European human rights ‘Grey Zones’: The application of the European Convention on Human Rights in contested European territories
(NUI Galway, 2021-03-11)This thesis is concerned with the effectiveness of the European Convention on Human Rights (ECHR) system in areas of contested statehood — so-called ‘grey zones’ — within the Council of Europe (CoE) region. The problematique ... -
The Exhumation of Mass Graves by International Criminal Tribunals: Nuremberg, the former Yugoslavia and Rwanda
(2011-10-28)This thesis is a study on the practice of mass grave exhumation in the context of international criminal law, and more specifically as employed by international criminal tribunals. The primary institutions of focus are the ... -
Gender equality in UN peacekeeping: Fact or fiction? A review of the implementation of UNSCR 1325 via gender mainstreaming in three UN operations
(NUI Galway, 2022-04-26)The year 2020 marked the 20th anniversary of UN Security Council Resolution (UNSCR) 1325, on Women, Peace and Security (WPS). The resolution recognised the invaluable role women play in the prevention and resolution of ... -
Human dignity as a bar to bio-patentability in European Patent Law: An exposé and a novel reform paradigm
(NUI Galway, 2023-10-04)This research addresses a gap found in the literature which is that there is a lack of coherence about the standard of the fundamental, but under-defined, concept of human dignity in European patent law. This problem ... -
Human rights compliant decision-making in child protection: Lessons for Ireland from a comparative socio-legal case study analysis of Ireland, England and Germany
(NUI Galway, 2021-08-01)Children have a right to be protected from harm and the State is obliged to take measures to vindicate that right. The State may intervene in family life by restricting parental rights, removing a child into care or placing ... -
International Humanitarian Law and International Human Rights Law: From Separation to Complementary Application
(2012-05-23)This study analyses the interplay between international human rights and humanitarian law, with the aim of clarifying their concurrent application. Part I provides an understanding of each legal framework and of their ... -
Legal remedies, truth recovery and illegal adoptions: The limits and transformative potential of human rights law and practice
(NUI Galway, 2019-11-06)This thesis seeks to address two related research questions. First, to consider and assess the Irish State’s approach and legal responses to historical practices of illegal adoption – how are such legal responses affected ... -
Migrant women, coercive control and intimate partner violence: Access to remedies in Ireland and Spain
(NUI Galway, 2024-01-31)The concept of coercive control has been increasingly used in law reform and policy making in Europe since 2015 as part of states’ actions against domestic violence and has been justified as an advancement of women’s ... -
The Relationship between Refugee Exclusion Law and International Law: Convergence or Divergence?
(2011-05-30)While asylum as a concept has been known since ancient times, persons with a criminal background have always been treated with suspicion and depending on the time and place would either be granted asylum in a limited form ... -
Rethinking ‘Honour’: Human rights, Namûs and the self
(NUI Galway, 2021-07-06)This thesis asks: what does ‘honour’ (namûs) achieve in the making of the subject? The concept of ‘honour’ has come to be known in human rights discourse through scenes of violence and death. As a result, human rights ... -
The role of gender-responsive participation in water and sanitation rights adjudication
(NUI Galway, 2022-06-10)This thesis critically examines the justifications, implications and possibilities for strengthening gender participatory considerations in the adjudication of the separate but critically interlinked rights to basic water ... -
The saints are coming: The evolution of humanitarian-intervention in international law and state practice
(NUI Galway, 2022-06-10)Abstract In recent times, humanitarian-intervention has been prominent in the minds not just of academics, but also policy makers and the public. 1 It is a truism that people should be protected from abuse but exactly ... -
Transitional justice in Africa: Traditional and modern approaches to addressing genocide, war crimes and crimes against humanity
(NUI Galway, 2016-11-01)The term transitional justice generally refers to a range of judicial and nonjudicial mechanisms that have been utilized by countries in order to address massive human rights abuses. Such mechanisms can include prosecutions, ...