Publications

The following are a sample selection of the publications academic staff members.  You can also view. academic staff profiles for full lists of the publications by our staff or search UCD’s research repository (search by name).

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Silvia GagliardiMinority Rights, Feminism and International Law (Routledge 2020). 
 
Investigating minority and indigenous women’s rights in Muslim-majority states, this book critically examines the human rights regime within international law. Providing a detailed, empirically based, analysis of rights in action, this book will be of relevance to scholars, students and practitioners in human rights policy and practice, in international law, minorities’ and indigenous peoples’ rights, gender studies, and Middle Eastern and North African Studies.
 
 
In this innovative study, Lea David critically investigates the relationship between human rights and memory, suggesting that, instead of understanding human rights in a normative fashion, human rights should be treated as an ideology. Conceptualizing human rights as an ideology gives us useful theoretical and methodological tools to recognize the real impact human rights has on the ground. David traces the rise of the global phenomenon that is the human rights memorialization agenda, termed 'Moral Remembrance', and explores what happens once this agenda becomes implemented. Based on evidence from the Western Balkans and Israel/Palestine, she argues that the human rights memorialization agenda does not lead to a better appreciation of human rights but, contrary to what would be expected, it merely serves to strengthen national sentiments, divisions and animosities along ethnic lines, and leads to the new forms of societal inequalities that are closely connected to different forms of corruptions.
 
 
This book explores the potential of international human rights law to resolve one of the gravest human rights violations to have surfaced post 9/11: extraordinary rendition.  Although infamously deployed as a counter-terrorism technique, substantial evidence confirms that European states colluded in the practice by facilitating the transportation of suspects through their airspace or airports and in some cases, secret detention on their territories. Despite recent findings of the European Court of Human Rights, difficulties persist in holding many European States accountable for the role they played both at the domestic and international level. Distinguishing between various forms of accountability and interrogating the evolving parameters of international human rights law, this volume will fill gaps in extraordinary rendition literature and influence the policies of European States.
 
Siniša Malešević, Grounded Nationalisms: A Sociological Analysis (Cambridge University Press 2019).
 
Globalisation is not the enemy of nationalism; instead, as this book shows, the two forces have developed together through modern history. Malešević challenges dominant views which see nationalism as a declining social force. He explains why the recent escalations of populist nationalism throughout the world do not represent a social anomaly but are, in fact, a historical norm. By focusing on ever-increasing organisational capacity, greater ideological penetration and networks of micro-solidarity, Malešević shows how and why nationalism has become deeply grounded in the everyday life of modern human beings. The author explores the social dynamics of these grounded nationalisms via an analysis of varied contexts, from Ireland to the Balkans. His findings show that increased ideological diffusion and the rising coercive capacities of states and other organisations have enabled nationalism to expand and establish itself as the dominant operative ideology of modernity.
Although the book does not focus specifically on human rights, it does address a topic that is closely related to human rights abuses. The book was also a runner up (honourable mention) in the 2020 Stein Rokkan award.
 
Marie-Luce Paris et alConstitutional Law in France (Wolters Kluwer 2019).
 
Derived from the renowned multi-volume International Encyclopaedia of Laws, this very useful analysis of constitutional law in France provides essential information on the country’s sources of constitutional law, its form of government, and its administrative structure. Lawyers who handle transnational matters will appreciate the clarifications of particular terminology and its application. Throughout the book, the treatment emphasizes the specific points at which constitutional law affects the interpretation of legal rules and procedure. Although the book does not focus specifically on human rights, it contains two chapters related to the issue: Chapter 2 on Fundamental Rights and Liberties (pp. 232-268) and Chapter 3 on Constitutional Problems of Minorities (pp. 270-275) in a constitutional perspective.
 

Marie-Luce Paris and John Bell eds., Rights-based Constitutional Review: Constitutional Courts in a Changing Landscape (Edward Elgar Publishing, 2016).

Constitutional review has become an essential feature of modern liberal democratic constitutionalism. In particular, constitutional review in the context of rights litigation has proved to be most challenging for the courts. By offering in-depth analyses on changes affecting constitutional design and constitutional adjudication, while also engaging with general theories of comparative constitutionalism, this book seeks to provide a heightened understanding of the constitutional and political responses to the issue of adaptability and endurance of rights-based constitutional review. Providing structured analyses the editors combine studies of common law and civil law jurisdictions, centralized and decentralized systems of constitutional review, and large and small jurisdictions.

Suzanne Egan ed., International Human Rights: Perspectives from Ireland (Bloomsbury 2015).

The primary purpose of this book is on Ireland’s engagement to date with the international human rights regime and the manner in which that regime has influenced and is capable of influencing the domestic human rights landscape.  

Featuring chapters written by members of the UCD Centre for Human Rights and other leading Irish and international academic experts, practitioners and advocates in the human rights field, the book combines theoretical as well as practical analysis and integrates perspectives from a broad range of actors in the human rights field.

 

Suzanne Egan, Liam Thornton and Judy Walsh eds.,  Ireland and the European Convention on Human Rights: 60 Years and Beyond (Bloomsbury, 2014)

The book marks the 60th anniversary of Ireland's ratification of the European Convention on Human Rights and the 10th anniversary of the Convention's incorporation into domestic law, by means of the ECHR Act 2003. It contains a wealth of essays and articles by leading experts which examine Ireland's engagement with the European Convention on Human Rights at international level down through the years as well as the extent to which the case law of the European Court of Human Rights has influenced domestic human rights law and administrative action through the vehicle of the 2003 Act. It analyses current Strasbourg jurisprudence on key issues and project its likely implications on law and policy in the Contracting States, with particular reference to Irish domestic law.

The book addresses the difficult questions that arise for judges in both jurisdictions following the constitutionalisation of the European Union's Charter of Fundamental Rights in 2009 and the revised agreement of the EU's accession to the ECHR.

Suzanne Egan ed., The UN Human Rights Treaty System: Law and Procedure (Bloomsbury 2011).

The UN Human Rights Treaty System: Law and Procedure examines the core UN human rights treaties that form the framework of international human rights law.  It describes the development of each treaty, along with the substantive rights enshrined in them, and analyses the nature and functions of their respective monitoring bodies. Topics discussed include periodic reporting procedures, investigative procedures and individual complaint procedures, with supporting case law analysed in great detail.

 

Cliona Kelly and Fiona De Londras, European Convention on Human Rights Act 2003: Operation, Impact and Analysis (Dublin: Thomson Round Hall 2010).

This book presents the first comprehensive analysis of the operation and impact of Ireland’s  ECHR Act 2003 on litigation, politics and the realisation of rights in practice. This book not only then illuminates the Act’s operation for practitioners and students, but also identifies mechanisms by which the ECHR Act 2003 might be used to bring about a real change in the enjoyment of Convention rights in Ireland. Comparison is also made to the operation of analogous provisions in the UK’s Human Rights Act 1998 where appropriate.

 

Judy Walsh, Equal Status Acts 2000-2011: Discrimination in the Provision of Goods and Services (Dublin: Blackhall 2012).

For over a decade the Equal Status Acts have outlawed discrimination in the provision of goods, services, education and accommodation. This book, which was commissioned by the Irish Council for Civil Liberties (ICCL), provides accurate, comprehensive information about the operation of the law in practice. It explains the types of actions or omissions that amount to discrimination, examines relevant case law and looks at how the Acts are enforced.

Guy Aitchison, (2016) 'Three Models of Republican Rights: Juridical, Parliamentary and Populist'. Political Studies

 

Guy Aitchison, (2015) 'Rights, citizenship and political struggle'. European Journal of Political Theory :1-21.

 

Mark Coen (2014) ''With Cat-Like Tread': Jury Trial and the European Court of Human Rights'. Human Rights Law Review, 14 (1):107-131.

 

Mark Coen (2009) 'Fair procedures, Local Authority Housing, the Constitution and the European Convention on Human Rights'. Dublin University Law Journal, 31 :423-439.

 

Alexander Dukalskis & Robert C. Johansen (2013) 'Measuring Acceptance of International Enforcement of Human Rights: the United States, Asia, and the International Criminal Court'. Human Rights Quarterly, 35 (3):569-597.

 

Alexander Dukalskis (2015) 'Transitional Justice in Burma/Myanmar: Cross-national Patterns and Domestic Context'. Irish Studies in International Affairs,

 

Suzanne Egan (2015) 'Tackling the Rise of Child labour in Europe: Homework for the European Court of Human Rights'. International and Comparative Law Quarterly, 64 (3):601-630.

 

Suzanne Egan (2013) 'Strengthening the United Nations Human Rights Treaty Body System'. Human Rights Law Review, 13 :209-243.

 

Suzanne Egan (2013) 'The New Complaints Mechanism for the Convention on the Rights of the Child: A Mini Step Forward for Children?'. International Journal of Children's Rights, :1-19.

 

Suzanne Egan (2012) 'The Necessary Elements of Torture: A Consideration of the Views of the Human Rights Committee in Giri v Nepal'. Dublin University Law Journal, 35 :300-305.

 

Melanie Hoewer, (2013) 'UN Resolution 1325 in Ireland: Its Implication for Women's Rights'. Irish Political Studies, 28 (3):450-468.

 

Pat Gibbons and Ronan McDermott, (2015) 'Human rights and pro-active displacement in natural disaster settings: determining the appropriate balance between the duty to protect and the right to remain'. Disasters.

 

McIntyre, TJ; (2008) 'Data Retention in Ireland: Privacy, Policy and Proportionality'. Computer Law and Security Report, 24 (4):326.

 

Marie-Luce Paris, (2014) 'Le European Convention on Human Rights Act: Dix Ans Après L'Incorporation De La Convention Européenne Des Droits De L'Homme En Droit Irlandais'. Revue Internationale De Droit Comparé, 4 :1-41.

 

Marie-Luce Paris, (2014) 'Paving the Way : Adjustments of Systems and Mutual Influences between the European Court of Human Rights and European Union Law before Accession'. Irish Jurist, 51 :59-89.

 

Liam Thornton (2014) 'C.A. and T.A.: The Direct Provision Case'. Irish Journal of Family Law, 17 (4):116-118.

 

Liam Thornton (2014) 'The Rights of Others: Asylum Seekers and Direct Provision in Ireland'. Irish Community Development Law Journal, 3 (2):22-42.

 

Liam Thornton (2013) 'Social Welfare Law and Asylum Seekers in Ireland: An Anatomy of Exclusion'. Journal of Social Security Law, 20 (2):66-88.

 

Liam Thornton with Muireann Ní Raghallaigh (2017) 'Vulnerable Childhood, Vulnerable Adulthood: Direct Provision as Aftercare for Aged-Out Separated Children Seeking Asylum in Ireland' Critical Social Policy.

 

Zellentin, Alexa (2014) 'Freedom, Equality, Minarets'. Res Publica, 20 (1):45-63

Eoin Carolan (2016) 'Leaving behind the Commonwealth model of rights review:Ireland as a model of collaborative constitutionalism' In: Marie-Luce Paris & John Bell (eds). Rights-Based Constitutional Review - Constitutional Courts in a Changing Landscape. London: Edward Elgar.

 

Eoin Carolan (2016) 'The Law of Privacy in Ireland' In: Mark Warby QC, Dr Nicole Moreham, Iain Christie, Sir Michael Tugendhat (eds). Tugendhat and Christie: The Law of Privacy and The Media. Oxford: Oxford University Press.

 

Mark Coen (2015) 'International Human Rights law: A Flavour of its Impact on the Irish Criminal Justice System' In: Suzanne Egan (eds). Ireland: The International Human Rights Regime. Dublin: Bloomsbury.

 

Suzanne Egan, (2015) 'Individual Complaints under the OPIC-CRC: Setting Goals and Managing Expectations' In: Niang, F and Bernard, B (eds). Promotion et Défense des droits de l¿enfant: Enjeux théoriques, pratiques et philosophiques. University of Geneva: Global Studies Institute,, pp.75-83.

 

Suzanne Egan, ‘The UN Human Rights Treaty System’ in Suzanne Egan (ed.)  International Human Rights: Perspectives from Ireland. Haywards Heath, UK: Bloomsbury, pp. 55 - 86.

 

Suzanne Egan, ‘The Refugee Definition in Irish Law’ in Suzanne Egan (ed.)  International Human Rights: Perspectives from Ireland. Haywards Heath, UK: Bloomsbury, pp. 289 - 318.

 

Suzanne Egan & Edward Keegan, ‘Protecting Victims of  Human Trafficking in Ireland’’ in  Suzanne Egan (ed.)  International Human Rights: Perspectives from Ireland. Haywards Heath, UK: Bloomsbury, pp. 215 - 236.

 

Suzanne Egan,  'Implementing the ECHR in Ireland: Past, Present and Future' In: Suzanne Egan, Liam Thornton and Judy Walsh (eds). Ireland and the European Convention on Human Rights: 60 Years and Beyond. Dublin: Bloomsbury. , pp. 1 - 15.

 

Suzanne Egan & Aidan Forde, (2014) 'From Judgment to Compliance: Domestic Implementation of the Judgments of the Strasbourg Court' In: Suzanne Egan, Liam Thornton and Judy Walsh (eds). Ireland and the European Convention on Human Rights: 60 Years and Beyond. Dublin: Bloomsbury. , pp.17-36

 

Graham Finlay (2015) 'The Philosophical Development of Human Rights' In: Suzanne Egan (ed). International Human Rights: Perspectives from Ireland. Haywards Heath, UK: Bloomsbury, pp.11-23.

 

Graham Finlay; (2011) 'Madonna's Adoptions: Celebrity Activism, Justice and Civil Society in the Global South' In: A. Huliaras, L. Tsaliki and C.A. Frangonikolopoulos (eds). Transnational Celebrity Activism in Global Politics. Bristol: Intellect Publishers. , pp.193-210

 

Graham Finlay and J.M. Mancini (2015) ''Her Life Within the Home': The Construction of Gender and Female Migrant Workers in the Republic of Ireland' In: Zahra Mehgani (eds). Migrant Women Workers: Ethical, Political and Legal Problems. New York: Routledge.

 

Melanie Hoewer, “Women Rights in Peace and Conflict’ in Suzanne Egan (ed). International Human Rights: Perspectives from Ireland. United Kingdom: Bloomsbury, pp. 355 - 369.

 

Melanie Hoewer with Roja Fazaeli, (2014) 'Ireland's Relationship to the United Nations Regarding Rights of Women' In: O'Sullivan, Aisling; Schabas, William A (eds). Diplomacy and Policy-making towards International Human Rights and Humanitarian Law: Perspectives from State Archives. Galway: National University of Ireland. [

 

Cliona Kelly (2015) 'Rights based review in Ireland after the European Convention on Human Rights Act' In: M. Paris - Dubozy and J. Bell (eds). Rights-based Constitutional Review - Constitutional Courts in a Changing Landscape. UK: Edward Elgar.

 

Cliona Kelly (2014) 'Maximising the Potential of the European Convention on Human Rights Act 2003: the Interpretative Obligation and the Importance of Framing' In: Suzanne Egan, Judy Walsh & Liam Thornton (eds). The ECHR and Ireland: 60 Years and Beyond. Ireland: Bloomsbury. , pp.55-72.

 

Suzanne Kingston (2014) 'Two-speed rights protection? Comparing the Impact of EU Human Rights Law and ECHR Law in the Irish Courts' In: S. Egan, L. Thornton, J. Walsh (eds). 50 years of the ECHR in Ireland. Dublin: Round Hall.

 

Kathleen Lynch, Judy Walsh & John Baker, (2015) 'Cutting back on equality' In: Rosie Meade and Fiona Dukelow (eds). Defining Events: Power, Resistance and Identity in 21st Century Ireland. Manchester: Manchester University Press.

 

Sinisa Malesevic (2015) 'Violence, Coercion and Human Rights: Understanding Organised Brutality' In: M. Holborn (ed) (eds).Contemporary Sociology. Cambridge: Polity.

 

TJ McIntyre, (2015) 'Implementing Information Privacy Rights in Ireland' In: Egan, Suzanne (eds). International Human Rights: Perspectives from Ireland. Dublin: Bloomsbury Professional.

 

Aogan Mulcahy (2015) 'Policing in Divided Societies' In: James D. Wright (eds).International Encyclopaedia of the Social and Behavioural Sciences. Amsterdam: Elsevier. , pp.266-272.

 

Aogan Mulcahy with Nolan, B., Whelan. C. T., Calvert, E., Fahey, T., Healy, D.,Maitre, B., Norris, M., O'Donnell, I. and Winston, M. (2014) 'Ireland : Inequality and its Impacts in Bust & Boom' In: Nolan, B., Salverda, W., Checchi, D, Marx, I., McKnight, A, Toth, I. G., van der Werfhorst, H (eds). Changing Inequalities & Societal Impacts in Rich Countries: Thirty Countries' Experiences. Oxford: Oxford University Press. , pp.346-368.

 

William Mulligan; (2011) 'British anti-slave trade and anti-slavery policy in East Africa, Arabia, and Turkey in the late 19th century' In: Brendan Simms, David Trim (eds). Humanitarian Intervention. A History. Cambridge University Press,, pp.257-280.

 

Karen Murphy (2015) 'Human Rights Protection in Humanitarian Crises: Obligations of Irish Organisations' In: Suzanne Egan (eds). International Human Rights: Perspectives from Ireland. United Kingdom: Bloomsbury, pp. 389 - 405.

 

Maeve O’Rourke, ‘The justice for Magdalenes Campaign’ in Suzanne Egan (eds). International Human Rights: Perspectives from Ireland. United Kingdom: Bloomsbury pp. 145 - 169.

 

Marie-Luce Paris,  (2015) 'The European Convention on Human Rights Act: Implementation Mechanisms and Compliance' In: Egan, S (eds). International Human Rights: Perspectives from Ireland. Dublin, Ireland: Bloomsbury Professional. , pp.87-108

 

John O’Dowd, (2013) 'Pilate's Paramount Duty: Constitutional Reasonableness and the Restriction of Freedom of Expression and Assembly' In: Sunil Khilnani (ed), Vikram Raghavan (ed), Arun K. Thiruvengadam (ed) (eds). Comparative Constitutionalism in South Asia. New Delhi: OUP India. , pp.267-302

 

Liam Thornton (2017) 'MhicMathúna v Ireland' In: Máiréad Enright, Julie McCandless and Aoife O'Donoghue (eds).Northern / Irish Feminist Judgments: Judges' Troubles and the Gendered Politics of Identity. Oxford: Bloomsbury Professional.

 

Liam Thornton (2016) 'A View from Outside the EU Reception Acquis: Reception Rights for Asylum Seekers in Ireland' In: Paul Minderhoud and Karin Zwaan (eds). The recast Reception Conditions Directive: Central Themes, Problem Issues, and Implementation in Selected Member States. Oisterwijk, The Netherlands: Wolf Legal Publishers. , pp.49-76.

 

Liam Thornton, ‘Socio-Economic Rights and Ireland’ in Suzanne Egan (ed.)  International Human Rights: Perspectives from Ireland. Haywards Heath, UK: Bloomsbury, pp. 171 - 171 -198.

 

Liam Thornton (2014) 'The European Convention on Human Rights: A Socio-Economic Rights Charter?' In: Suzanne Egan, Liam Thornton, Judy Walsh (eds). Ireland and the European Convention on Human Rights: 60 Years and Beyond. Dublin: Bloomsbury. , pp.227-256.

 

Liam Thornton & Judy Walsh (2014) 'The ECHR, Socio-Economic Disadvantage and Access to Justice' In: Suzanne Egan, Liam Thornton & Judy Walsh (eds). Ireland and the European Convention on Human Rights: 60 Years and Beyond. Dublin: Bloomsbury. , pp.221-227.

 

Liam Thornton & Judy Walsh (2014) 'The Convention in the Private Sphere' In: Suzanne Egan, Liam Thornton & Judy Walsh (eds). Ireland and the European Convention on Human Rights: 60 Years and Beyond. Dublin: Bloomsbury.

 

Kathleen Lynch, Judy Walsh & John Baker, (2015) 'Cutting back on equality' In: Rosie Meade and Fiona Dukelow (eds). Defining Events: Power, Resistance and Identity in 21st Century Ireland. Manchester: Manchester University Press.

 

Alexa Zellentin (2015) 'Philosophical Challenges to Human Rights' In: Suzanne Egan (eds). International Human Rights. London: Bloomsbury Professional.

Graham Finlay (2016) 'Economic and Social Rights and Integration: the case of low-paid third-country migrant workers in Ireland'.European Commission, Brussels, Belgium.

Graham Finlay, Karen Murphy, TJ McIntyre with Tamara Lewis, Adina Portaru (Raducanu) and Ricki Schoen, (As Principal Investigator) (2015) 8.2 EU and Member State Competences in Human Rights. European Commission, Brussels, Belgium.

 

Graham Finlay (As Principal Investigator) with Lisa Ginsborg, Wolfgang Benedek, Veronika Haász, Isabella Meier, Klaus Starl, Maddalena Vivona and Stuart Wallace (2016) 8.3 Policymakers' Experiences Regarding Coherence in the European Union Human Rights Context. European Commission, Brussels, Belgium.

 

Suzanne Kingston and Liam Thornton (2015) A Report on the European Convention on Human Rights Act 2003 and the European Charter of Fundamental Rights: Evaluation and Review. Dublin: Law Society of Ireland

 

Liam Thornton with Catherine Cosgrove (2015) 'Immigration & Asylum Law in Ireland' In: Children's Rights Alliance (eds).Children and the Law in Ireland: Child Law Audit. Dublin, Ireland: Children's Rights Alliance. , pp.168-187.

 

Walsh, Judy and Fergus Ryan ; (2006) The Rights of De Facto Couples. Dublin: Irish Human Rights Commission.