Jamie McLoughlin (Sutherland Scholar)
Supervisor(s): Dr Suzanne Egan
Thesis Title: ‘The right to life as a source of positive State human rights duties: A comparative analysis of the Irish Constitution and International Human Rights Law.’
Abstract: The Irish Constitution protects the right to life as a fundamental personal right. It also pledges the State to safeguard this right. However, it remains unclear what the precise scope of the right to life is in terms of its contours and content. As a result, the extent of the State’s duties stemming from the right to life is unclear. Is the State required solely to refrain from taking life, or is it also required to take positive actions to protect against threats to life from poverty, climate breakdown, or infectious disease for example, by guaranteeing to citizens a minimum level of medical care and access to basic nutrition or by reducing emissions? The answer to these questions largely depends on what conception of ‘life’ is adopted. Developing a coherent conception of the abstract, undefined concept of life enumerated in the Constitution, as a right not to die from preventable causes, articulating justificatory normative reasons for adopting this conception in the context of the Irish Constitution, and considering the impact such a conception of the right to life would have on the existence/scope of positive State duties, are the central foci of this PhD research. My research thus examines the constitutional case law of the Irish Superior Courts, legal, political, and philosophical theories of the nature of the relationship between rights and duties, and – to gain comparative insight – the development of the right to life and positive duties under the European Convention on Human Rights and in International Human Rights Law.
Biography: Jamie McLoughlin is a PhD student and Sutherland Doctoral Scholar at the Sutherland School of Law. His research interests include Irish and comparative constitutional law, as well as European and international human rights law, with a particular interest in the domestic constitutionalisation of economic and social rights. Jamie completed his undergraduate BCL (Law with Politics) degree in UCD, graduating with first class honours, before obtaining his master’s degree in law (with distinction) from the University of Oxford. Prior to commencing his PhD research, Jamie worked as a legal researcher in the Office of the Attorney General of Ireland. Jamie is also a tutor for undergraduate criminal law modules in the Law School.
Research Achievements: Jamie has several peer-reviewed publications and blogposts.
Book chapter:
McLoughlin J and Walker C, ‘The Proscription of Organisations in the Republic of Ireland’ in Mark Coen (ed), The Offences Against the State Act 1939 at 80: A Model Counter-Terrorism Act? (Hart 2021).
Journal article:
McLoughlin, J. ‘In The Presence of Almighty God: The Human Rights Violations at The Heart of the Irish Constitution’, Irish Law Times 2017, 35(17), 230-235.
Blogposts:
Jamie McLoughlin, “Irish High Court rules Constitution protects a ‘Right to an Environment’” (OxHRH Blog, 6 March 2018), (opens in a new window)http://ohrh.law.ox.ac.uk/irish-high-court-rules-constitution-protects-a-‘right-to-an-environment’
Jamie McLoughlin, “Proposal to make ‘disadvantaged socio-economic status’ a prohibited ground of discrimination under Irish law ’” (OxHRH Blog, 13 March 2018), (opens in a new window)http://ohrh.law.ox.ac.uk/proposal-to-make-disadvantaged-socio-economic-status-a-prohibited-ground-of-discrimination-under-irish-law
Jamie McLoughlin, “The Irish Abortion Referendum: An Opportunity for Change’” (OxHRH Blog, 25 May 2018), (opens in a new window)http://ohrh.law.ox.ac.uk/the-irish-abortion-referendum-an-opportunity-for-change
Jamie McLoughlin, “A Timely Intervention: Dutch Court declares that the State has Positive Duties under the European Convention on Human Rights to tackle Climate Change” (OxHRH Blog, 23 October 2018), (opens in a new window)http://ohrh.law.ox.ac.uk-a-timely-intervention:-dutch-court-declares-that-the-state-has-positive-duties-under-the-european-convention-on-human-rights-to-tackle-climate-change
Jamie McLoughlin, “A Victory for Equality: The End of the ‘Baptism Barrier’ in School Admissions in Ireland” (OxHRH Blog, 23 November 2018), (opens in a new window)http://ohrh.law.ox.ac.uk/a-victory-for-equality-the-end-of-the-baptism-barrier-in-school-admissions-in-ireland/
Jamie McLoughlin, “Environmental Human Rights Litigation in Ireland”, (OxHRH Blog, 18 October 2019), (opens in a new window)http://ohrh.law.ox.ac.uk/environmental-human-rights-litigation-in-ireland/
Jamie McLoughlin, “Historic victory for environmental campaigners in Climate Case Ireland”, (OxHRH Blog, August 2020), <(opens in a new window)https://ohrh.law.ox.ac.uk/ireland-historic-victory-for-environmental-campaigners/>