University of Galway Research Repository
Open access to publications, including peer-reviewed articles, conference papers, working papers, reports, and other scholarly communications by University of Galway researchers.
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Publication The legislative gap between sexual consent and medical consent and how that affects access to emergency hormonal contraception in Ireland(University of Galway, 2023)The battle to achieve equality in access to medical resources for women is an endless cycle of struggles and disputes. The debate surrounding the use of emergency hormonal contraceptives is a particularly intricate, complicated, problematic topic that lingers in our community. The intricacies and difficulties for women and teenage girls in obtaining emergency hormonal contraceptives, a struggle which is emerging from the current legislation on medical consent and sexual consent will be examined. Viewing the legislation from a pragmatic point of view, it is extremely difficult to pinpoint any faults. However, when pragmatic legislation is applied to real-world everyday situations, it becomes evident that there is a significant amount of ambiguity regarding its application. This inquiry strives to highlight the imposing issue of the legislative gap between sexual consent and medical consent and how that affects access to emergency hormonal contraceptives for young women in Ireland, in particular adolescent women who require contraceptive services. 1Publication Oifig gan ainm: An “Fear an Phobail” agus an stát riaracháin na hÉireann(University of Galway, 2023)Ceard is brí le ‘hOmbudsman’?: ceist tábhachtach bhíonn gan aird sa litríocht a dhíríonn ar an Oifig. Cé go nglacann téacsanna acadúla ceannairachta leis an aistriúcháín “Fear an Phobail” as Gaeilge,1 cosúil le chuile tír eile le córas dlí bunaithe ar an ‘tradisiún Westminster’, ní dhéanadh aon iarracht in Éirinn an ‘teasca institiúideach’2 seo a aistriú san Acht an tOmbudsman nuair a bhunaíodh an oifig i 1980: ag léiriú nach meascaíonn an ‘misfit’ seo le coincheap tradisiúnta an Stáit. Cumtha ó chiannaibh sa Shualainn,3 tá se deacair áit a thabhairt don mheicníocht uathúil an tOmbudsman sa dheilbh trípháirteach an Stáit Riaracháin na hÉireann.Publication The forgotten children: An examination of the Irish state’s failure to adhere to the UN Convention on the Rights of the Child when dealing with children entering state and alternative care(University of Galway, 2023)Recent decades have seen the Irish legislature make significant improvements to legislation regarding children in state and alternative care. However, what still needs to be done? While Ireland is party to the UN Convention on the Rights of the Child (henceforth, “CRC”), the question must nevertheless be raised as to whether Ireland is, in fact, adhering to its minimum obligations as set out under the Convention? This article shall demonstrate how the current administration of Ireland’s state and alternative care system fails to give full effect to the rights of the child, and shall evaluate how these shortcomings manifest themselves in the lives of children entering care. Notably, this article employs the CRC as a conceptual basis for measuring the success of Ireland’s treatment towards children in care.Publication Accommodating gender diversity in modern Ireland: A proposal for the reform of the Gender Recognition Act 2015(University of Galway, 2023)The year 2015 marked a seismic shift in the tectonic plates of the Irish legal landscape. One needs little reminder of the passing of the Marriage Equality Referendum, which saw Ireland receive global acclaim for its advancements in the area of LGBTQI+ rights. 1 Concurrent to this was the introduction of the Gender Recognition Act 2015, which despite having gone relatively unnoticed in comparison to the aforementioned, has been dubbed “the vanguard of international best practice” in respect of transgender human rights. 2 At the time, this Act was subject to great praise for the rights it affords to transgender individuals.3 However, some deficiencies in the Act are now evident, primarily that it neglects to recognise the rights of non-binary and intersex individuals. This article will argue that for Ireland to uphold its reputation as a front runner in this area of law, and in order to rectify this “inexplicable delay and denial” of rights, considerable reform must be implemented.4 Specifically, this article proposes the introduction of two new legal genders as a workable solution.Publication Should platforms be confined to liability for hate speech? – A comparative analysis of the European Court of Human Rights and the United States(University of Galway, 2023)The issue of hate speech on social media has become a growing concern in recent years. Elon Musk, who defines himself as a “freedom of speech absolutist,” has been a controversial figure in the debate on this issue, with his platform of choice Twitter, now known as X, seeing an unprecedented rise in hate speech.1 The dissemination of hate speech and speech inciting violence can occur rapidly and sometimes remain persistently available online, as observed by the European Court of Human Rights in the case of Delfi v Estonia.2 As Murray argues, while online platforms have been struggling to keep up with the overwhelming production of obscene and indecent material, ‘the failure of laws to adequately cross borders have exasperated the issue.’3
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