This book addresses how law and public policy cause or exacerbate vulnerability in individuals and groups.This book will be of considerable interest to socio-legal and "law and society" scholars, as well as others working in international human rights, jurisprudence, philosophy, legal theory, political theory, feminist theory, and ethics.
This book addresses how law and public policy cause or exacerbate vulnerability in individuals and groups.This book will be of considerable interest to socio-legal and "law and society" scholars, as well as others working in international human rights, jurisprudence, philosophy, legal theory, political theory, feminist theory, and ethics.
James Gallen and Tanya Ní Mhuirthile are based at the School of Law and Government, Dublin City University
Inhaltsangabe
Part One: Framing Vulnerability I. Introducing the Vulnerable Society 1. James Gallen and Tanya Ní Mhuirthile, DCU, "Introduction: Framing State Accountability for Vulnerability" 2. Who is Vulnerable? The Usefulness of a Vulnerability Theory in Jurisprudence and Public Policy (Titti Mattsson) 3. Reflections on 'Vulnerability' as a Factor in the Assessment of Claims Before the European Court of Human Rights (Ann Power-Forde) II. Migration and Asylum 4. Acknowledging the Vulnerability of People on the Move: Towards a Coherent and Responsive EU Approach to Vulnerability (Mikaela Heikkla and Maija Mustaniemi-Laakso) 5. Promoting the Visibility of Migrant Children in Irish Immigration Law: A Welfare Imperative (Patricia Brazil) 6. The European Union as a Human Rights Organisation? The Role of the Charter in Asylum Cases, Stephen Coutts III. Criminalisation and Vulnerability 7. Legislative Policy on Vulnerability: Reflections on the Criminal Justice (Forensic Evidence and DNA Database System) Act 2014 (Liz Heffernan) 8. Criminalising Abortion: Shaming Vulnerability? (Vicky Conway) 9. Irish Adult Reparative Panel Schemes, Vulnerable Adults and State Accountability: A Time for Courage (Darren McStravick) Part Two: Responding to Vulnerability IV. Accountability, Vulnerability and the Past 10. State Accountability for Historical Abuse: Interrogating the Structures of Vulnerability (James Gallen) 11. The right to reparation for 'historic' abuse: how do the State's recent responses to the Magdalene Laundries abuse and the treatment of unmarried mothers and their children measure up? (Maeve O'Rourke) 12. Responses to Clerical Sexual Abuse in Ireland: Learning from the Truth and Reconcilliation Commission of Canada? (Gladys Ganiel) 13. Seeking Redress for the Past in Northern Ireland: Victimhood, Responsibility and the Politics of the Past (Luke Moffett) V. Socio-Economic Rights and Austerity 14. The Impact of the Economic Crisis on Socio Economic Rights (Claire-Michelle Smyth) 15. Vulnerability and Social Rights - What Role for Judges? A Neo-Republican Assessment (Tom Hickey) VI. Vindicating LGBT Rights: Ending Vulnerability? 16. Transgender Children and Young People in Ireland: Socio-Legal Challenges to Self-Expression of Gender (Maire Leane and Fiachra Ó Súilleabháin) 17. Is Marriage a Cure for All Ills? Vulnerability and LGBT Communities in the Wake of the Marriage Referendum (Fergus Ryan) 18. Recent Reforms in Law on LGBT Rights in Ireland: Tightening the Tourniquet on the Rights of Vulnerable Intersex People (Tanya Ní Mhuirthile) 19. Conclusion
Part One: Framing Vulnerability I. Introducing the Vulnerable Society 1. James Gallen and Tanya Ní Mhuirthile, DCU, "Introduction: Framing State Accountability for Vulnerability" 2. Who is Vulnerable? The Usefulness of a Vulnerability Theory in Jurisprudence and Public Policy (Titti Mattsson) 3. Reflections on 'Vulnerability' as a Factor in the Assessment of Claims Before the European Court of Human Rights (Ann Power-Forde) II. Migration and Asylum 4. Acknowledging the Vulnerability of People on the Move: Towards a Coherent and Responsive EU Approach to Vulnerability (Mikaela Heikkla and Maija Mustaniemi-Laakso) 5. Promoting the Visibility of Migrant Children in Irish Immigration Law: A Welfare Imperative (Patricia Brazil) 6. The European Union as a Human Rights Organisation? The Role of the Charter in Asylum Cases, Stephen Coutts III. Criminalisation and Vulnerability 7. Legislative Policy on Vulnerability: Reflections on the Criminal Justice (Forensic Evidence and DNA Database System) Act 2014 (Liz Heffernan) 8. Criminalising Abortion: Shaming Vulnerability? (Vicky Conway) 9. Irish Adult Reparative Panel Schemes, Vulnerable Adults and State Accountability: A Time for Courage (Darren McStravick) Part Two: Responding to Vulnerability IV. Accountability, Vulnerability and the Past 10. State Accountability for Historical Abuse: Interrogating the Structures of Vulnerability (James Gallen) 11. The right to reparation for 'historic' abuse: how do the State's recent responses to the Magdalene Laundries abuse and the treatment of unmarried mothers and their children measure up? (Maeve O'Rourke) 12. Responses to Clerical Sexual Abuse in Ireland: Learning from the Truth and Reconcilliation Commission of Canada? (Gladys Ganiel) 13. Seeking Redress for the Past in Northern Ireland: Victimhood, Responsibility and the Politics of the Past (Luke Moffett) V. Socio-Economic Rights and Austerity 14. The Impact of the Economic Crisis on Socio Economic Rights (Claire-Michelle Smyth) 15. Vulnerability and Social Rights - What Role for Judges? A Neo-Republican Assessment (Tom Hickey) VI. Vindicating LGBT Rights: Ending Vulnerability? 16. Transgender Children and Young People in Ireland: Socio-Legal Challenges to Self-Expression of Gender (Maire Leane and Fiachra Ó Súilleabháin) 17. Is Marriage a Cure for All Ills? Vulnerability and LGBT Communities in the Wake of the Marriage Referendum (Fergus Ryan) 18. Recent Reforms in Law on LGBT Rights in Ireland: Tightening the Tourniquet on the Rights of Vulnerable Intersex People (Tanya Ní Mhuirthile) 19. Conclusion
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