Law - Book chapters

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Now showing 1 - 20 of 27
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    International and European developments in family law 2013
    (Jordan Publishing, 2013) Crowley, Louise; Atkin, B.
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    The role of the public and the human right to water
    (UNESCO, 2015) McIntyre, Owen; Swiss National Science Foundation
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    Income requirements in family reunification regimes
    (Eleven International Publishing, 2016) Staiano, Fulvia; Irish Research Council; European University Institute
    The Human Rights of Migrant Women in International and European Law shows the existence of a gender bias in European norms – at both EU and domestic level – regulating migrant women’s family life and employment. It analyses the potential of European human rights and fundamental rights law to expose and correct this bias. The author argues that migrant women’s most common life circumstances must come to the fore in order to achieve this. The author assesses relevant examples of human rights and fundamental rights jurisprudence at supranational and domestic levels and identifies effective judicial interpretations to ensure migrant women’s enjoyment of their rights and benefits based on equality and non-discrimination. This book is of interest to human rights lawyers.
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    Protecting rights in mental health law: the relationship between the courts and mental health tribunals
    (Manchester University Press, 2016-02) Whelan, Darius; Donnelly, Mary; Murray, Claire
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    Why care about carers?
    (Manchester University Press, 2016-02) Murray, Claire; Donnelly, Mary; Murray, Claire
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    Justifying acts of denialism: The case of prisoner disenfranchisement in the UK
    (Intersentia, 2016-05) Morgan-Williams, Samantha
    This chapter will explore the case of prisoner disenfranchisement in the United Kingdom (hereinafter UK) as a concrete example of political denialism and human rights. It will explore the basis of denialism and human rights, from two approaches, asking both how and why denialism is perpetrated and justified in the UK. Initially seeking to challenge how the blanket ban on prisoner voting is justified at a domestic level. The paper will then identify why political denialism is contentious within the concrete example that prisoner disenfranchisement provides, determining the conceptual and legal basis and subsequent political support for the prisoner voting ban.
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    Child removal decision-making systems in Ireland: law, policy and practice
    (Oxford University Press, 2016-10-20) Burns, Kenneth; O'Mahony, Conor; Shore, Caroline; Parkes, Aisling; Burns, Kenneth; Pösö, Tarja; Skivenes, Marit; University College Cork
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    PM, Applicant v the Board of Management of St Vincent's Hospital and Justin Geoghegan and the Attorney General, Respondents
    (Bloomsbury Publishing, 2017) Murray, Claire; Donnelly, Mary; Enright, Máiréad; McCandless, Julie; O'Donoghue, Aoife
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    The chance "to melt into the shadows of obscurity": Developing a "right to be forgotten" in the United States
    (Springer Nature Switzerland AG, 2018-04-03) O'Callaghan, Patrick; Irish Research Council
    This chapter argues that there is some (limited) evidence of a right to be forgotten in the jurisprudence of U.S. courts. For the purposes of this argument, the right exists whenever interests in being forgotten and/or forgetting are understood as weighty enough to impose a duty on government and/or fellow citizens to respect those interests. Most of the relevant cases belong to the pre-digital era but nevertheless provide some doctrinal support for a right to be forgotten in the digital era. In particular, the chapter pays close attention to the privacy challenges associated with search engines and argues that it may be possible to implement a Google Spain-inspired right to be forgotten (in the sense of delisting or deindexing search results) in the United States.
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    The gendered corporation: the role of masculinities in shaping corporate culture
    (Cambridge University Press, 2018-05) O'Sullivan, Catherine
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    Subverting sovereignty's voluntarism: pluralism and subsidiarity in cahoots
    (Edward Elgar Publishing, 2018-05-25) Cahill, Maria
    Sovereignty's lingering commitment to voluntarism and the limitations of the voluntarist approach are exposed by the crisis of authority represented by contradictory claims to ultimate authority on the part of the Court of Justice and national courts. Whilst it is uncontroversial to assert that both pluralism and subsidiarity pose significant challenges to state sovereignty, this chapter argues that pluralism and subsidiarity not only threaten sovereignty because they allow for the re-allocation of authority to institutions other than those of the nation state but also because they call into question sovereignty's fundamental assumption that authority is dominated by will to the neglect of countervailing considerations. They offer solutions to this crisis of authority which finally tackle the problem of voluntarism, by deflecting focus away from the will and towards the good (higher moral principles), towards reasoned dialogue and towards a spirit of co-operation.
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    The emergence of standards regarding the right of access to water and sanitation
    (Cambridge University Press, 2019-05) McIntyre, Owen
    Despite continuing uncertainty over the precise legal status of the putative human right(s) of access to water and sanitation in international law, and also within the domestic legal frameworks of many national jurisdictions, the elaboration continues apace of a rich montage of water services standards by a diverse cast of formal and informal global, regional, State and transnational actors. In addition to emerging standards regarding the physical safety and adequacy of water supplied for domestic purposes, notably including the WHO Guidelines for Drinking-Water Quality, standards are also being adopted by bodies such as the International Organisation for Standardisation (ISO), which set down more general service quality guidelines for utilities providing domestic water and sanitation services. Also, certain institutions providing finance for major water services projects, such as multilateral development banks (MDBs), are developing sophisticated standards for cost recovery which seek to adopt elements of a human rights-based approach by taking account of the affordability of water and sanitation services and providing safeguards for poor and vulnerable people, including restrictions on service disconnection for non-payment of charges. At every level of decision-making regarding water and sanitation services, standards of governance informed by the practice of human rights, including standards concerned with transparency, participation, reviewability and accountability, have become pervasive.
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    The Aarhus Convention: Standards for access to justice in environmental matters
    (Cambridge University Press, 2019-05) Ryall, Áine
    The Aarhus Convention is an international treaty under the auspices of the United Nations Economic Commission for Europe (UN ECE). It guarantees three interconnected procedural rights: the right to information; the right to participate in decision-making; and the right of access to justice in environmental matters. The Convention is ground-breaking in linking environmental rights and human rights. Its overarching objective is to contribute to the right of every person of present and future generations to live in an environment adequate to their health and well-being.2 The Convention aims to strengthen environmental governance by providing opportunities for an informed public to express concerns about activities which may have a significant effect on the environment and insisting that public authorities take account of those concerns. Transparency and accountability in decision-making is advanced by improving public access to environmental information and providing accessible, affordable and effective review mechanisms to ensure that the law is applied correctly and enforced by the courts where necessary. The Convention places special emphasis on the role played by non-governmental organisations (NGOs) in environmental protection, in particular by enabling them to enforce the law in the public interest. This chapter examines the development of standards within the context of the rights guaranteed under the Convention and the obligations undertaken by State Parties (i.e. States that have ratified, and are therefore bound by, the Convention as a matter of international law). It focuses on how the Aarhus Convention Compliance Committee (the Compliance Committee) and the Court of Justice of the European Union (CJEU) have developed these standards over time. Of course, courts and tribunals at national level are also involved intensively in interpreting, applying and enforcing Convention obligations. In order to provide a detailed account, this chapter focuses exclusively on the role of the Compliance Committee and the CJEU in developing standards within the framework of the Convention.
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    Reality vs. rhetoric: An analysis of the implementation gap in provision of traveller-specific housing in Ireland
    (Eleven Publishing, 2019-11-14) Morgan-Williams, Samantha
    This chapter outlines the current legal framework in place in Ireland, which provides for provision of Traveller-specific accommodation, exploring the scope of the Housing (Traveller Accommodation) Act 1998. An analysis of the key provisions of the legislation will then be juxtaposed with the current situation faced by many Irish Travellers in accessing suitable housing. Revealing the significant disparities between what the Act states and how the Act is implemented at a local level. This ‘lived experience’ of many Irish Travellers reflects that implementation of domestic legislation has failed to ensure adequate provision of Traveller-specific housing, resulting in huge disparities between the rhetoric of the relevant legal instruments, and the reality faced by many of the Community. In highlighting this growing implementation gap, the chapter will conclude with analysis of how exactly this gap has occurred and what possible avenues can be pursued to close it.
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    The right to be forgotten in Ireland
    (Springer Nature Switzerland AG, 2020-03-07) O'Callaghan, Patrick; Irish Research Council
    This chapter examines the status of the right to be forgotten in Irish law. It pays close attention to data protection law and finds that even before the coming into force of the General Data Protection Regulation (GDPR), a right to be forgotten, rooted in data protection law, was available in Irish law. The chapter also explores whether a right to be forgotten is available beyond data protection law. In doing so, it assesses whether interests in forgetting and/or being forgotten are given expression in other areas of Irish law. The chapter considers the legislation on spent convictions, defamation law and the law of privacy. It finds, however, that data protection law is the most suitable home for a right to be forgotten. The chapter also examines the limits of the right to be forgotten and the remedies available for infringement before commenting on the transparency problem in the context of search engine delisting requests.