School of Law (Working Papers)

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  • Publication
    Working paper on best practice to maintain states obligations under the UN Convention on the rights of persons with disabilities during public health crises
    (Centre for Disability Law And Policy, University of Galway, 2022) Flynn, Eilionóir; Doyle Guilloud, Suzanne; Parker, April; Health Research Board; Health Research Board
    This working paper sets out the applicable standards for States to maintain their obligations towards persons with disabilities under international law in situations of emergency such as the Covid-19 pandemic. About 15% of the world population (c. 1 billion people) are living with impairments1 which would fall within the definition of a ‘person with a disability’ under the CRPD2. The paper takes the UN Convention on the Rights of Persons with Disabilities (CRPD) as its normative framework and focuses on States Parties’ obligations towards those individuals with regard to their health and wellbeing in public health crises, taking a broad definition of those terms. As Armitage and Nellums note, even prior to the pandemic, persons with disabilities were less likely to access health services, while being more likely to experience ‘greater health needs, worse outcomes, and discriminatory laws and stigma’3, contrary to States parties’ obligations under the CRPD.
  • Publication
    Working paper on disability, fertility and contraception
    (University of Galway, 2020) Sperrin, Áine; Flynn, Eilionóir; Ní Flatharta, Maria; Dagg, Jenny
    This paper outlines the international and domestic law and policy context of fertility and contraception issues for persons with disabilities in Ireland. Throughout the world, the fertility of persons with disabilities has often been subject to coercive control, with eugenic practices featuring in some public health policies1. In this paper, we explore to what extent these policies and practices appear in Irish law, and compare Irish law and policy on fertility and contraception for disabled people to international human rights obligations.
  • Publication
    Working paper on abortion and disability
    (University of Galway, 2021) Flynn, Eilionóir; Dagg, Jenny; Ní Fhlatharta, Maria; Sperrin, Áine
    This paper has been prepared for the final Discussion Forum of the Re(al) Productive Justice Project. The Discussion Forum focuses on abortion and disability. This paper outlines the international and domestic legislative, case law, research and policy context of access to abortion services for persons with disabilities in Ireland.
  • Publication
    Working paper on parenting
    (University of Galway, 2020-10-01) Dagg, Jenny; Flynn, Eilionóir; Ní Fhlatharta, Maria; Sperrin, Áine
    This working paper will inform the Discussion Forum on Parenting on 1 October 2020. It will provide an overview of the Irish legal and policy landscape in which persons with disabilities experience parenting as well as the conditions within which medical, social and legal practitioners deliver their services. This working paper will be used to familiarise participants from different backgrounds of the context in which disabled people’s experiences of parenting have occurred. Firstly, it will discuss international law relating to disabled people’s rights as parents (with a focus on the UN Convention on the Rights of Persons with Disabilities and the European Convention on Human Rights). Secondly, it will explore the Irish context in terms of existing law (Constitution and legislation) and caselaw relating to disabled parents, with a specific focus on childcare proceedings. Finally, it will consider some relevant policies, programmes and practices and available statistical data on disabled parents in Ireland.
  • Publication
    Working paper on pregnancy and childbirth
    (University of Galway, 2019-09-20) Dagg, Jenny; Sperrin, Áine; Ní Fhlaharta, Maria
    This working paper is to inform the first discussion forum of the Re(al) Productive Justice Project on the topic of Pregnancy and Childbirth. It provides an overview of the Irish legal and policy landscape in which persons with disabilities experience pregnancy and childbirth as well as the conditions within which medical, social and legal practitioners deliver their services. It highlights previous research on the experiences of persons with disabilities during pregnancy and childbirth as well as case-law surrounding decision-making relating to disability, pregnancy or childbirth. This indicative work suggests that while significant legislative and policy progress has been made to shift maternity care and services from a traditionally patriarchal and disempowering system towards a more woman-centred approach, much work remains in terms of providing the specific supports required for persons with disabilities during pregnancy and childbirth.