This book addresses how law and public policy cause or exacerbate vulnerability in individuals and groups.
Bringing together scholars, judges and practitioners, it identifies how individuals and groups can become vulnerabilised through the operation of law, and examines how the State can acknowledge and remedy that impact. The book offers not only a theoretical, ethical and normative conception of vulnerability in law, but also an evaluation of the diverse practices of responding to vulnerability in law through accountability mechanisms and public campaigns. The analysis of vulnerability contained in this volume is enhanced by the common use of Ireland as a case study. Despite the robust rights protections available at national, regional and international level, Ireland remains a State where at risk people have experienced vulnerability across a range of thematic areas, such as criminal law, migration and asylum, historical abuse, LGBTI rights and austerity. Drawing on comparative analyses and a consideration of the role of international law in domestic settings, this book offers a comparison of diverse national and transnational attempts to ensure State accountability and responsiveness to legally created vulnerabilities. The book demonstrates lessons learned from theory and practice regarding how vulnerability can be experienced by individuals and groups, structured by law and addressed through legal and political action.
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.
Table of Contents
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
James Gallen and Tanya Ní Mhuirthile are based at the School of Law and Government, Dublin City University