Partial Restriction. Restriction lift date: 2028-12-31
A new approach for the United Nations Working Group on Arbitrary Detention in addressing discrimination
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Date
2024
Authors
Toomey, Leigh Therese
Journal Title
Journal ISSN
Volume Title
Publisher
University College Cork
Published Version
Abstract
Since 2010, the United Nations Working Group on Arbitrary Detention has had authority under its Methods of Work to determine that detention is arbitrary when a person or group has been detained on
a discriminatory ground, such as their gender, religion, socio-economic status, or disability. Despite this important step, the number of reported cases of arbitrary detention on discriminatory grounds continues to rise. These cases are often accompanied by other serious human rights violations, such as torture, enforced disappearance, and unexplained death in custody. States are increasingly using detention in a discriminatory way to target vulnerable groups and to silence critics. Law enforcement agencies and the courts are employing emerging technologies, such as facial recognition software and algorithmic risk assessment, to detain individuals based on their personal characteristics.
The Working Group on Arbitrary Detention does not have a theoretical framework that would allow it to respond to these challenges. It does not have a standard approach that can be applied in identifying
the motivations for discriminatory behaviour and only treats the symptoms of discrimination. Similarly, it has no means of explaining different types of discrimination or of developing remedies to dismantle
the systems and structures that enable and sustain disadvantage. This thesis builds upon my previous research and observations on the Working Group’s jurisprudence in four journal articles published
while I was a member of the group. It proposes a new approach for the Working Group to determine the causes of discrimination and the measures needed to achieve transformative change, and suggests
ways in which the Working Group can deploy its mandate and position within the United Nations Special Procedures system to address discriminatory laws and practices.
Description
Partial Restriction
Keywords
Arbitrary detention , Discrimination , United Nations , WGAD , Working Group on Arbitrary Detention , International human rights law , Root causes
Citation
Toomey, L. T. 2024. A new approach for the United Nations Working Group on Arbitrary Detention in addressing discrimination. PhD Thesis, University College Cork.