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Publication Restoring the national Convivencia through transitional justice: the Chilean case(Edward Elgar Publishing Limited, 2020-12-15) Ferrara, Anita; Moscati, Maria federica; Palmer, Micheal; Roberts, Mariam[No abstract available]Publication The Maamtransa murders: The trial of Myles Joyce(Bloomsbury Academic, 2022-05-19) Hanly, ConorIn 1882, five members of the Joyce family were brutally murdered in a rural part of western Ireland. The Crown prosecuted a group of men for the murders; utilising all its trial powers and privileges, the Crown secured convictions against three men who were sentenced to death, and another five men changed their pleas to guilty and ultimately were sentenced to imprisonment for twenty years. A controversy developed shortly afterwards and continues to this day concerning one of the executed men, Myles Joyce, who was and is widely regarded as being innocent of the charges. This chapter considers the principal procedural issues that arose during the Maamtrasna trials and shows that the Crown’s actions were entirely within the contemporary trial procedures. This does not mean that the trial and execution of Myles Joyce was necessarily fair, however; the aggregation of the Crown’s tactics, combined with a poor defence and a slanted judicial summary, together with information that came to the attention of the executive authority prior to Myles Joyce’s execution, suggest that an innocent man was indeed executed. Thus, a lawful trial and execution will not necessarily be a fair trial and execution.Publication The (contested) role of the academy in activist movements for legal capacity reform: A personal reflection(Bloomsbury Publishing, 2022-03-10) Flynn, EilionóirAcademics are often trained to maintain a critical distance between their research and the efforts of grassroots activists to achieve political, legal and social change. When I began my work in the field of disability rights, I felt that as an academic, my role would be to inform and equip activists who could use research evidence to ground arguments for change ‒ but that I would not, and should not, play a central role in the (often messy and fraught) politics of change myself. In part, my view on this was shaped by my awareness of the tensions between the disabled people’s movement and non-disabled academic researchers. However, as my work evolved, I found myself more and more directly engaged with policy-makers and legislators. This work was usually collaborative ‒ both with other researchers, and with civil society organisations, including, although to a lesser extent than would be desirable, disabled people’s organisations. In this chapter I will reflect on my experiences with the development of the Assisted Decision-Making (Capacity) Act 2015 in Ireland, through my engagement with a coalition of civil society organisations co-chaired by the Centre for Disability Law and Policy at National University of Ireland, Galway and Amnesty Ireland’s Mental Health Campaign. I will consider the challenges presented, the experiences of collaboration and efforts at consensus-building, and how these processes have shaped my own thinking and the further development of my academic work in this field.Publication Command responsibility after Bemba(Brill | Nijhoff, 2017) Murphy, RayCommand responsibility is a subject that has generated significant controversy since its adoption in the post-World War ii trials. It took a long time for omission liability to evolve under international criminal law.1 However, today it is a well established principal that superiors are criminally responsible for the actions of subordinates under their effective command or authority.2 According to Schabas, the topic has generated “more heat than light”.3 This seems an apt description of how this doctrine is interpreted and applied by international tribunals and courts. Command responsibility is a complex form of criminal responsibility and its most recent iteration is Article 28 of the Rome Statute (“icc Statute”), governing responsibility of commanders and other superiors. This contains a lengthy and complex definition of what is a long established modality dealing with individual criminal responsibility under international law.4 For an act or omission to constitute the physical element of a crime, it is not sufficient that a commander be under a mere duty to act; he or she must also have the material ability to do so.5 This was an important factor in the Bemba decision before the International Criminal Court (“icc”).6Publication Sixty years of Irish peacekeeping –Lessons for the future(Hart Publishing, 2020-03-20) Murphy, RayMembership of the UN has been a central tenet of Irish foreign policy since admission in 1955. 1 Maintaining an effective multilateral system, especially in the area of confl ict prevention and collective security, forms a key objective of Irish foreign policy. It is against this background that Ireland has a long and proud tradition of participation in UN mandated peace operations. 2 In June 1958 the fi rst Irish peacekeepers commenced duty as UN observers on the Lebanese-Syrian Border. 3 Since then, UN peacekeeping has grown and evolved to cover a range of more complex peace support operations prevalent today. 4 There has been a corresponding increase in Irish involvement and this volume of the Irish Yearbook of International Law is intended to mark the 60th anniversary of Irish participation in peacekeeping. Much has changed since 1958 and the different contributors to this volume provide insights and refl ections on some of the challenges confronting a country of Ireland ’ s size, history and resources when engaged in peacekeeping and related activities. In addition, Aisling Swaine makes the case for real investment in the human development and human rights entitlements of women and girls in confl ict-affected settings. Her review recommends the use of gender planning frameworks for peace and security that focus on the lives of women and girls to address current gaps.Publication Back to the basics: Core law of war principles through the lens of the DoD manual(Cambridge University Press, 2019-01-11) Murphy, RayChapter II is simply entitled “Principles.” It begins with a statement reiterating the interdependent nature of the basic principles – military necessity, humanity, and honor. These provide the foundation for other law of war principles, namely proportionality and distinction and most of the treaty and customary rules of international humanitarian law (IHL). It is then that the principles of proportionality and distinction come into play. Taken in their totality, these general principles provide an overarching and reinforcing set of rules that form part of a coherent system. Acknowledging the priority attached to military necessity and the interdependence of this principle with that of humanity and honor at the outset is significant.Publication Magna Carta and the invention of ‘British Rights’(Routledge, 2019) Farrell, Michelle; Hughes, EdelAntipathy towards human rights, so evident in media coverage in the United Kingdom, revolves around the Human Rights Act 1998. As contributors to this volume have pointed out,2 the Human Rights Act is ‘hated’ and described as, amongst other things, ‘insidious’,3 a ‘criminal’s charter’,4 and, delightfully, the ‘human wrongs act’.5 Yet it is also commended, even fetishized as a ‘direct descendant of that great Charter’,6 as inaugurating ‘a human rights culture’,7 and as the root and branch of a ‘human rights revolution’.8 That the Act and the broader human rights ‘project’ is the subject of so much media commentary, both derisory and celebratory, perhaps arises in part from the UK’s curious constitutional arrangements, which meant that, until the enactment of the Act, ‘rights’ were conceived of as residual liberties protected, for the most part, through the common law.9 The UK has never had a constitutional ‘bill of rights’.Publication Reasonable accommodation: An integral part of the right to education for persons with disabilities(Cambridge University Press, 2019-04-15) Quinlivan, ShivaunThe United Nations Convention on the Rights of Persons with Disabilities (CRPD) is the first international human rights convention to explicitly hold that the failure to provide reasonable accommodation amounts to an act of discrimination. Arguably, the inclusion of the duty to accommodate is one of the more important features of the CRPD, as it provides a legal tool to assist in the enforcement of equality provisions both in the public and private sphere. Moreover, the duty to accommodate is situated within the CRPD articles of general application thus ensuring that the duty to accommodate is explicitly linked to the realization of all human rights – including the right to education. Additionally, the right to education contains two additional references to reasonable accommodation and the duty to accommodate learners with disabilities, suggesting it is particularly important in the education context. This chapter explores the duty to provide reasonable accommodation in the context of inclusive education.No abstract availablePublication Women with disabilities: Forever on the edge of #MeToo?(Full Court Press and Fastcase, Inc.,, 2020) Buckley, Lucy-Ann[No abstract available]Publication The right to education: Article 24 of the CRPD(Clarus Press, 2017) Broderick, Andrea; Quinlivan, ShivaunThe right to education has been described as “a pre-requisite to the exercise of many other rights.”2 This statement is fitting in terms of the educational rights of disabled people, which are intrinsically linked with empowerment and integration. Article 24 of the recently enacted United Nations Convention on the Rights of Persons with Disabilities (CRPD) contains the cornerstone principle of inclusive education.3 It has been stated that “Article 24 arguably provides [a stronger] mandate for states to provide inclusive education than any previous human rights document.”4 The right to education is variously described as falling within the category of rights known as economic, social and cultural rights. As such, it is subject to progressive realisation.5 It is proposed to provide a brief overview of the meaning of this concept, before analysing the interpretation which has been accorded to the obligation to progressively realise the right to education by various treaty bodies. This paper will then consider the elements of Article 24 of the CRPD which are immediately realisable. Finally, the authors will analyse the extent to which State Parties to the CRPD are living up to their commitments in respect of the right to education under the CRPD.Publication Disability, EU law and the CRPD: A New Dawn?(Clarus Press, 2017) Quinlivan, Shivaun; Bruton, ClaireThis paper will examine the definition of disability in anti-discrimination employment law in Europe. This paper reviews some of the approaches to defining disability both within the European Union and by the European Union. The underlying theme of this paper is to assess what if any impact the European Union’s ratification of the United Nations Convention on the Rights of Persons with Disabilities (CRPD) will have on those definitions. The CRPD is a significant development for persons with disabilities, described by some commentators as “ground breaking.”2 It is ground breaking for a number of reasons, but most significantly for ensuring that it embodies the social model of disability.3 The main focus of this paper is to assess whether the various definitions of disability perpetuate the medical/individual model of disability or support the social model of disability and to determine the most appropriate approach to the definition within the EU.Publication From participatory design to participatory governance through sustainable HCI(Routledge, 2017-11-20) Kennedy, Rónán[No abstract available]Publication Matrimonial Home Bill(Hart Publishing, an imprint of Bloomsbury Publishing, 2017-02-09) Buckley, Lucy-Ann[No abstract available]Publication Recent Irish State Practice on the Law of the Sea(Brill Academic Publishers, 2012) Ronan Long; |~|