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A Public International Law approach to safeguard nationality for surrogate-born children (2017)

Ní Ghráinne, Bríd; McMahon, Aisling

A Public International Law approach to safeguard nationality for surrogate-born children (2017)

Ní Ghráinne, Bríd; McMahon, Aisling

Abstract:

International surrogacy agreements involve a child born to a surrogate mother who is of a different nationality to the commissioning parent(s) in a state other than that of which the commissioning parent(s) are nationals or reside. Many of these arrangements lead to children being born stateless, which deprives that child of many rights that are directly linked to one’s nationality as well as causing significant practical problems, such as difficulty in obtaining a passport. In undertaking the first Public International Law analysis of nationality and international surrogacy agreements, we map out how various provisions can be used to guarantee protections against statelessness. Accordingly, we argue that the drafting of a proposed new convention is not the ideal solution in this respect, and should not be to the detriment of the ratification and implementation of the relevant conventions that we identify; in particular, the 1989 Convention on the Rights of the Child.We argue that t...

http://mural.maynoothuniversity.ie/11649/

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Abortion in Northern Ireland and the European Convention on Human Rights: Reflections from the UK Supreme Court (2019)

Ní Ghráinne, Bríd; McMahon, Aisling

Abortion in Northern Ireland and the European Convention on Human Rights: Reflections from the UK Supreme Court (2019)

Ní Ghráinne, Bríd; McMahon, Aisling

Abstract:

On 7 June 2018, the Supreme Court of the United Kingdom (UKSCt) issued its decision on, inter alia, whether Northern Ireland’s near-total abortion ban was compatible with the European Convention of Human Rights (ECHR). This article critically assesses the UKSC’s treatment of international law in this case. It argues that the UKSCt was justified in finding that Northern Ireland’s ban on abortion in cases of rape, incest, and FFA was a violation of Article 8, but that the majority erred in its assessment of Article 3 ECHR and of the relevance of international law more generally.

http://mural.maynoothuniversity.ie/10742/

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Access to Abortion in Cases of Fatal Foetal Abnormality: A New Direction for the European Court of Human Rights? (2019)

Ní Ghráinne, Bríd

Access to Abortion in Cases of Fatal Foetal Abnormality: A New Direction for the European Court of Human Rights? (2019)

Ní Ghráinne, Bríd

Abstract:

In contrast to the UN Human Rights Committee (HRComm), the European Court of Human Rights (ECtHR) has not yet found that a prohibition of abortion in cases of fatal fetal abnormality (FFA) violates the prohibition of torture or inhuman and degrading treatment (Art 3 ECHR). We argue that the ECtHR is on the verge of aligning itself with the HRComm because: (i) recent ECtHR jurisprudence is broadening its interpretation of rights within the abortion context; (ii) the ECtHR frequently uses international law as an interpretative tool; and (iii) moving in the direction of the HRComm would not be as controversial as it may have been in the past. More broadly, we take a positive view of fragmentation and demonstrate how an international court, with some ingenuity, can broaden its approach on sensitive topics, by engaging with views of other international courts or Treaty Monitoring Bodies.

http://mural.maynoothuniversity.ie/13406/

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After the 8th: Ireland, Abortion, and International Law (2019)

McMahon, Aisling; Ní Ghráinne, Bríd

After the 8th: Ireland, Abortion, and International Law (2019)

McMahon, Aisling; Ní Ghráinne, Bríd

Abstract:

By repealing the 8th amendment, the Irish people gave its government a strong mandate to liberalize its restrictive abortion laws. In this paper, we argue that international law has a significant role to play in the drafting, interpretation and monitoring of Ireland’s future proposed abortion law framework. We explore the relationship between international and domestic law, and argue that there are three key roles for international law in the current abortion context, namely: (1) ensuring at a minimum that new abortion laws are drafted in a way which respects Ireland’s international law obligations; (2) ensuring that laws are interpreted and implemented in a way which facilitates practical and effective access to abortion, and (3) providing avenues to challenge obstacles to securing legally available abortion services in Ireland. In making these arguments, we acknowledge that although Ireland is party to a variety of international law treaties which set out obligations in respect of...

http://mural.maynoothuniversity.ie/10586/

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Covid-19, Border Closures, and International Law (2020)

Ní Ghráinne, Bríd

Covid-19, Border Closures, and International Law (2020)

Ní Ghráinne, Bríd

Abstract:

Covid-19 pays no heed to borders. Globalisation has carried the virus from a market in Wuhan, China, to almost every country in the world. In response to the virus, some governments have closed their borders to refugees and/or have pushed back refugees from their territories, even though they are well-aware of the dire circumstances that have caused these people to flee their homes. This reflection sets out the compatibility of such practices with international refugee and human rights law. It argues that while states may put in place measures to restrict the spread of the virus (such as health screening, testing, and/or quarantine) vis a vis refugees, such measures may not result in refoulement or in denying them an effective opportunity to seek asylum.

http://mural.maynoothuniversity.ie/13412/

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Enhancing State-to-State Dialogue on Internal Displacement: Current Global Fora and Future Prospects (2020)

Hudson, Ben; Ní Ghráinne, Bríd

Enhancing State-to-State Dialogue on Internal Displacement: Current Global Fora and Future Prospects (2020)

Hudson, Ben; Ní Ghráinne, Bríd

Abstract:

This paper explores the potential for global platforms to facilitate State peer-to-peer learning, collaboration and mobilisation on internal displacement. As such, it is broadly interested in questions around the promotion of political will, responsibility and accountability, albeit that detailed discussions of each of these underlying concepts lies beyond its scope. The paper examines a range of global platforms where peer-to-peer dialogue and learning between States on internal displacement matters may take place, rather than focusing on the humanitarian or development architecture of the United Nations (UN) system. Firstly, given the understanding of internal displacement as a human rights concern, it examines the extent to which pertinent political fora concerned with human rights function as appropriate platforms. Secondly, given the close relationship of internal displacement and refugee issues, it explores the scope of existing refugee fora as sites or models for the discussi...

http://mural.maynoothuniversity.ie/13404/

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Internally Displaced Persons (IDPs) (2015)

Ní Ghráinne, Bríd

Internally Displaced Persons (IDPs) (2015)

Ní Ghráinne, Bríd

Abstract:

Internally Displaced Persons (‘IDPs’) are described by the United Nations Guiding Principles on Internal Displacement as persons or groups of persons who have been forced or obliged to flee or to leave their homes or places of habitual residence, in particular as a result of or in order to avoid the effects of armed conflict, situations of generalized violence, violations of human rights ornatural or human-made disasters, and who have not crossed an internationally recognizedState border. IDPs are similar to → refugees in the sense that they may share the same experiences, needs,fears, and wants. Consequently, IDPs are sometimes referred to as ‘internal refugees’. However, this label is misleading as there is a significant legal distinction between IDPs andrefugees which stems primarily from the fact that a refugee has crossed an international frontier.A refugee is granted legal status and a range of rights set out in the Refugee Convention (1951)and falls within the protection mand...

http://mural.maynoothuniversity.ie/13413/

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Left to Die at Sea: State Responsibility for the May 2015 Thai, Indonesian and Malaysian Pushback Operations (2017)

Ní Ghráinne, Bríd

Left to Die at Sea: State Responsibility for the May 2015 Thai, Indonesian and Malaysian Pushback Operations (2017)

Ní Ghráinne, Bríd

Abstract:

Abstract included in article.

http://mural.maynoothuniversity.ie/13409/

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The Internal Protection Alternative Inquiry and Human Rights Considerations - Irrelevant or Indispensable? (2015)

Ní Ghráinne, Bríd

The Internal Protection Alternative Inquiry and Human Rights Considerations - Irrelevant or Indispensable? (2015)

Ní Ghráinne, Bríd

Abstract:

The Internal Protection Alternative (IPA) stems from the premise that if there is a safe place within a refugee applicant’s country of origin where he or she can relocate, the refugee definition is not engaged. Today, it is an inherent part of refugee status determinations in most states parties of the 1951 Convention, and has been incorporated into Article 8 of the 2011 Recast EC Qualification Directive. The main thrust of the IPA test across various jurisdictions is that it must be reasonable, or put another way, it must not be unduly harsh. The focus of this article, however, will be on the issue upon which states have diverged widely in their jurisprudence - the relevance and applicable standard of human rights considerations in determining the existence of an IPA. First, this article examines the position advocated by UNHCR that protection of basic civil, political, and socio-economic rights is a core requirement of the IPA. Considering that those who return to their country a...

http://mural.maynoothuniversity.ie/13410/

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UNHCR's Involvement with IDPs - 'Protection of that Country' for the Purposes of Precluding Refugee Status? (2014)

Ní Ghráinne, Bríd

UNHCR's Involvement with IDPs - 'Protection of that Country' for the Purposes of Precluding Refugee Status? (2014)

Ní Ghráinne, Bríd

Abstract:

The absence of protection from persecution is a precondition to qualifying as a refugee. However, protection is not solely provided by states and may stem from non-state actors (NSAs) such as international organizations. This article will examine whether such protection may be substituted for ‘protection of that country’ and, if so, under what circumstances, and whether it may thus preclude the application of the Refugee Convention. The focus will be on the United Nations High Commissioner for Refugees owing to its significant role in the protection of Internally Displaced Persons, persons who often go on to make a refugee claim upon fleeing the state. The article will first put forward an interpretation of the term ‘protection of that country’, by examining the refugee definition, in particular the meaning of the terms ‘that country’ and ‘protection’; by analysing relevant principles of EU law; and by outlining how these concepts have been elaborated by relevant jurisprudence on in...

http://mural.maynoothuniversity.ie/13411/

Displaying Results 1 - 10 of 10 on page 1 of 1