Law Commons^™

Walking The Walk: Ex-Prisoners, Lived Experience, And The Delivery Of Restorative Justice, Allely Albert

Articles

Although the role of prisoners and ex-prisoners has recently received significant attention in restorative justice research, the literature typically treats them as the ‘offending’ party within restorative justice processes. This article instead focuses on ex-prisoners as facilitators of restorative justice, highlighting their ability to lead such programmes. Using a case study from Northern Ireland, the article examines the way that experiences of incarceration have directly influenced practitioners’ skills and their ability to uphold restorative justice principles. It is contended that qualities developed and honed in the prison environment ultimately translate to unique characteristics that can improve the restorative process. As …

“Social Workers By Day And Terrorists By Night?” Wounded Healers, Restorative Justice, And Ex-Prisoner Reentry, Allely Albert

Articles

Common to many post-conflict societies, former political prisoners and combatants in Northern Ireland are often portrayed as security threats rather than as potential contributors to societal peacebuilding processes. This distrust limits their ability to contribute to the transitional landscape and additionally hinders desistance processes during their reentry from prison. Drawing from the work of Maruna, LeBel, and others on “wounded healers,” this article critically examines the restorative justice work of ex-prisoners who have become involved in leadership roles within community based restorative justice. It is argued that such practitioner work can help former combatants overcome many of the challenges typically …

The Role And Approach Of The European Court Of Human Rights In The Protection Of Core Human Rights And In Deferring To The Judgment Of States Under The European Convention On Human Rights., Adrian Berski

Reports

In order to understand the complexity and peculiarity of human rights, it is important to provide a proper definition of human rights, based on the Irish concept.

Human Rights is defined […] as: the rights, liberties and freedoms conferred on, or guaranteed to persons: (a) by the Constitution, and (b) by any agreement, treaty or convention to which the State is a party […] the definition of human rights is restricted as regards any agreement, treaty or convention to which the State is a party by including only those (or a provision thereof) which has been given the force of …

Judicial Conceptions Of Prisoners' Rights In Ireland: An Emerging Field, Mary Rogan

Conference Papers

This paper will discuss four themes. The first concerns judicial discussions of conditions of detention, secondly I will examine the development of the principles of procedural fairness in decisions on the use of separation or isolation of prisoners. I will then move to look at issues concerning foreign prisoners, and say a few words about conditions of detention in the immigration context. Finally, I will explore some of the barriers to a greater role for the Irish courts in the area of conditions of detention. I will speak from the experiences drawn from my research, but also from legal practice.

Women In The Criminal Justice System In Irleand, Mary Rogan

Conference Papers

This paper examines the use of imprisonment for women in Ireland.

The Children's Rights Amendment And Family Law, Fergus Ryan

Other resources

This blog entry is part of a carnival blog posted to http://humanrightsinireland.wordpress.com/ It addresses the provisions of the proposed constitutional amendment on children's rights, as formulated by the Joint Oireachtas Committee on the Constitutional Amendment on Children, published in February 2010. This brief comment analyses the proposal, with particular reference to its potential impact on children in non-traditional family units.

Civil Partnership: Your Questions Answered - A Comprehensive Analysis Of The Civil Partnership Bill, Fergus Ryan

Reports

The Civil Partnership Bill 2009 arguably represents the most momentous change in Irish Family Law in a generation. The Bill proposes a substantial new legal status for registered same-sex partners, as well as important changes to the law as it relates to cohabitants. This report addresses the provisions of the Bill as initiated, analysing the potential impact of the Bill in clear and accessible language. The Report also highlights potential difficulties with the Bill, and suggests possible enhancements to the Bill as initiated.

Beware Of Lawyers Bearing Gifts:A Critical Evaluation Of The Proposals On Fundamental Rights In The Draft Constitutional Treaty., Stephen Carruthers

Articles

The article assesses how far the provisions on fundamental rights contained in the draft Treaty Establishing a Constitution for Europe advance the objectives of promotion of the rule of law, transparency, a balanced relationship between the Union and national legal orders, and effective judicial redress. Argues that while the proposed accession of the Union to the European Convention on Human Rights 1950 and incorporation of the Charter of Fundamental Rights of the European Union 2000, notwithstanding justiciability problems, deserve support, the retention of the general principles of law as a source of fundamental rights and the suggested amendments to the …

Beware Of Lawyers Bearing Ggifts: A Critical Evaluation Of The Report Of Wg Ii To The European Convention On Incorporation Of The Eu Charter Of Fundamental Rights And Accession To The European Convention Of Human Rights., Stephen Carruthers

Articles

This article undertakes a critical analysis of the fundamental rights provisions of the draft Treaty establishing a Constitution for Europe as presented to the President of the European Council in Rome on 18 July 2003, and in particular the Articles in Parts I and II of the draft Constitution incorporating proposals made in the final Report of Working Group II on “Incorporation of the Charter/Accession to the ECHR”.

Rights Of Sexual Minorities In Ireland And Europe: Rhetoric Versus Reality, Bruce Carolan

Articles

Superficially, Irish and European Community law proclaim the rights of sexual minorities - particularly in web sites and printed information designed for public consumption. The reality is different. This article identifies a gap between the public pronouncements on the rights of sexual minorities under Irish and EC law. It employs a hypothetical fact situation to suggest that existing legal protections are anemic, and argues that the potential failure of affected groups to identify these deficiencies (due to contradictory claims in public information campaigns) could endanger efforts to effect progressive change.

An Army Of Lovers?: Queering The Ministry Of Defense Report Of The Homosexual Policy Assessment Team, Bruce Carolan

Articles

Certain queer theorists argue that gay men and lesbians are banned from military service in certain countries not due to a fear of otherness. Instead, they are prohibited from serving precisely because of a fear that the opposite might be true -- that introducing openly gay people into a 'homosocial' environment might destabilize accepted notions of sexuality among members of the service who presently constitute themselves as heterosexual. This article explores that idea in the context of the Report of the Homosexual Policy Assessment Team established to defend exclusion of openly gay people from military service in the United Kingdom. …

Us Supreme Court Confronts 'Right To Die', Bruce Carolan

Articles

This article covers the US Supreme Court's decisions regarding physician-assisted suicide for a UK audience.