Law - Book chapters

Permanent URI for this collection


Recent Submissions

Now showing 1 - 5 of 27
  • Item
    Complementarity between human security and legal frameworks for humanitarian action
    (Edward Elgar Publishing, 2022-10-14) Cubie, Dug; Oberleitner, G.
    There are close connections between humanitarian action and human security which arise, in part, from their common focus on the principles of humanity and human dignity. Indeed, the UN Trust Fund for Human Security has argued that a longer-term human security approach complements more immediate humanitarian efforts. Drawing on research elaborating the concept of an acquis humanitaire of laws, policies and practices relevant in humanitarian crises, this chapter explores the interconnections between human security and the legal frameworks for humanitarian action. After examining the twin components of humanitarian action, namely material assistance and protection of persons, the chapter argues that adopting a human security lens may be a useful way of operationalising a rights-based approach to humanitarian action, based on protection, empowerment, non-discrimination and accountability.
  • Item
    Troubling consent: Pain and pressure in labour and childbirth
    (Hart Publishing, 2020-11-26) Murray, Claire; Pickles , Camilla; Herring, Jonathan
    This is the first book to unpack the legal and ethical issues surrounding unauthorised intimate examinations during labour. The book uses feminist, socio-legal and philosophical tools to explore the issues of power, vulnerability and autonomy. The collection challenges the perception that the law adequately addresses different manifestations of unauthorised medical touch through the lens of women's experiences of unauthorised vaginal examinations during labour.
  • Item
    Article 23: Equality between women and men
    (Hart Imprint; Bloomsbury Publishing, 2021-11-18) Schiek, Dagmar; Kotevska, Biljana
  • Item
    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.
  • Item
    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.